About the author
Eric A. Welter is an employment lawyer and litigator with the Welter Law Firm, P.C. in Herndon, Virginia. He is licensed to practice law in Virginia, Maryland, Washington D.C., Texas and California.
The Welter Law Firm represents and advises employers on all aspects of the employment relationship and represents businesses in commercial and franchise litigation. The firm’s offices are located in Northern Virginia; Los Angeles, California; and Austin, Texas.
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Tag Archives: Litigation
Tidbits
Some employment law tidbits after the break.
2010 Fulbright Litigation Trends Survey Shows Increase In Employment Litigation
The 2010 Fulbright & Jaworski L.L.P. Litigation Trends Survey has come out. Employment litigation is on the rise. More after the break.
Waiver of Attorney Client Privilege
In a case worth reading for any “client,” the Virginia Supreme Court held in Walton v. Mid-Atlantic Spine Specialists, P.C. that the defendant doctor had waived the attorney-client privilege when he inadvertently produced a letter he had written to his attorney because he … Continue reading
4th Circuit Reverses $10 Million Punitive Damage Verdict
In Worldwide Network Services, LLC v. DynCorp International, LLC, the Fourth Circuit reversed a $10 million punitive damages award in favor of the plaintiff on the grounds that there was no evidence that the defendant acted with the knowledge that … Continue reading
4th Circuit Reverses Dismissal of Retaliation Claims Based on Twombly
In a recent unpublished opinion (Harman v. Unisys Corp.), the Fourth Circuit reversed the district court’s dismissal of an employee’s retaliation claims against her employer. The plaintiff, Kathryn Harman, brought suit against Unisys Corporation and several employees, alleging gender, age, and … Continue reading
Judicial Hell Holes
The WSJ Law Blog has a post on the most recent list of judicial hell holes put out by the ATRA. The list is after the break.
Litigation Tidbits
For those interested in news relating to litigation, we have the following news items: The fastest circuit courts in Virginia — VLW Fulbright & Jaworski annual litigation survey — where to get it here. Commentary on it here and here.
Western District of Virginia Allows Ex Parte Contact With Non-Supervisory Employees
In Smith v. United Salt Corp., the United States District Court for the Western District of Virginia held that the plaintiffs and their counsel were not prohibited from engaging in ex parte communications with employees of the defendant employer so … Continue reading
4th Circuit Affirms Injunction Requiring Offers Of Employment To Union Workers
In Gary Muffley v. Spartan Mining Company, et al., the U.S. Court of Appeals for the Fourth Circuit affirmed an order of the U.S. District Court for the Southern District of West Virginia requiring the defendant employer to offer employment … Continue reading
Unfounded Trade Secrets Claim Against Former Employees Leads To $1.6 Million Judgment
In FLIR Systems, Inc. v. Parrish, the California Court of Appeals affirmed a $1.6 million judgment in favor of the employees in a claim brought by their former employer under California’s Uniform Trade Secrets Act. The opinion can be found … Continue reading
Court Grants Additional Compensation To Plaintiff To Offset Tax Liability
In Eshelman v. Agere Systems, Inc., the U.S. Court of Appeals for the Third Circuit held that a trial court has discretion in granting additional compensation to offset tax liability in back pay awards. More after the break.
4th Circuit Decides Business Noncompete Case
For those interested in this kind of thing, the Fourth Circuit recently issued an unpublished opinion in the second appeal in a case involving a covenant not to compete given in connection with the sale of a business. In Western … Continue reading
Best venue for discrimination suits?
A recent study suggests (again) that the state court systems are a better venue for employment discrimination lawsuits for plaintiffs. The study is here. (Hat tip to Wage Law.) The Wall Street Journal recently ran an article on the topic … Continue reading
FLSA Antics
The Florida Employment & Immigration Law Blog has an interesting post today on an FLSA case in federal court in Florida where the employees’ lawyers were sanctioned for soliciting potential clients in violation of the Florida Rules. The post is … Continue reading
Interesting Article On Implications Of Monitoring Electronic Communications
For those interested in this topic, the VBA News Journal has a very interesting and informative article this month about electronic evidence. The article is entitled “The Electronic Peephole: E-Evidence in Family Law Cases.” It can be found at page … Continue reading
