Tag Archives: 4th Circuit

4th Circuit Affirms FMLA Interference and Retaliation Verdict

In Dotson v. Pfizer, Inc., the Fourth Circuit affirmed the district court’s finding that Dotson’s employer had interfered with his right to leave under the Family and Medical Leave Act (“FMLA”) and had engaged in retaliation.  The court also reversed … Continue reading

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Recent 4th Circuit Decisions of Interest

The U.S. Court of Appeals for the Fourth Circuit — already famous for not publishing many of its decisions — has continued the trend this year with very few published decisions.  Several recent employment law decisions, however, are published decisions … Continue reading

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4th Circuit Sends FMLA Case Back For Trial

In an unpublished decision dated August 15, 2008, the U.S. Court of Appeals reversed the award of summary judgment to an employer in an FMLA case.  The decision in Krenzke v. Alexandria Motors Cars is here.  The case provides a good … Continue reading

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4th Circuit Issues Sarbanes-Oxley Whistleblower Decision

For those interested in the specialized area of Sarbanes-Oxley (“SOX”) whistleblower claims, the U.S. Court of Appeals for the Fourth Circuit issued an opinion dated August 5, 2008, affirming the finding of the Administrative Review Board that the petitioner’s termination … Continue reading

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4th Circuit Upholds Plaintiff’s Award In Sexual Harassment Case

In Benson v. Thompson Cadillac-Oldsmobile, Inc., the U.S. Court of Appeals upheld an award of $50,000 in compensatory damages, $111,148.76 in back pay and $60,417.25 in attorney’s fees in a sexual harassment case tried to a jury in North Carolina.  A … Continue reading

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4th Circuit Sends Religious Harassment Case Back For Trial

In EEOC v. Sunbelt Rentals, Inc., the Fourth Circuit overturned an award of summary judgment in a Title VII religious harassment suit and sent the case back to the district court for trial.  The case involved allegations that the plaintiff was subjected … Continue reading

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4th Circuit Sarbanes-Oxley Whistleblower Decision Goes Against Plaintiff

In Livingston v. Wyeth, Inc., No. 06-1939 (4th Cir. 2008), the U.S. Court of Appeals for the Fourth Circuit affirmed the dismissal of a whistleblower claim under the Sarbanes-Oxley Act of 2002, 18 USC 1514A because it concluded that no … Continue reading

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ALJ Decision Bars Subsequent Discrimination Lawsuit

The U.S. Court of Appeals for the Fourth Circuit has held, in an unpublished opinion issued today, that a decision by a Virginia administrative law judge had preclusive effect, barring a discrimination and retaliation lawsuit in federal court.  A copy … Continue reading

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4th Circuit Affirms Two Employee Verdicts In ADA Cases

In two published opinions issued today, the U.S. Court of Appeals for the Fourth Circuit affirmed verdicts for employees in separate cases brought under the Americans with Disabilities Act (ADA).

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