Free Newsletter
Labor & Employment Civil Rights – Race Discrimination Claim – Municipal – State Law Claims
A mayor’s reference to a white police officer who shot an unarmed black man was not enough to support plaintiff’s claim of race discrimination arising out of his firing after it was revealed that—despite being warned not to—he was still using city property to conduct his second job as a tax preparer. The court accepts […]
Labor Plaintiffs lack standing to sue for change in benefits
Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal Act to provide health coverage to eligible retirees and their dependents. It is undisputed that […]
Employment Discrimination Paper company not liable in bias case
Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a matter of law. Background Alleging race-based discrimination, Matthew Perkins brought claims for: (1) disparate treatment, […]
Employment Discrimination Paper company prevails on Title VII, pay claims
Where a plaintiff brought gender and race discrimination claims against International Paper Company alleging it subjected her to a hostile work environment that resulted in her constructive discharge, paid her unequally and retaliated against her, the record did not support her allegations and the company was granted summary judgment on all claims. Background Alleging gender […]
Employment Discrimination Removal did not waive sovereign immunity
Where a police officer suffered post-traumatic stress disorder as a result of being frequently exposed to child pornography at work, and could not sue under the under the Americans with Disability Act because the state was immune, but he could pursue claims of discrimination and harassment in federal court in violation of Title VII of […]
Labor & Employment Age Discrimination Claim – SCHAL – No Private Right of Action – Statute of Limitations
Even though S.C. Code Ann. § 2-13-90(c)(1) of the South Carolina Human Affairs Law (SCHAL) refers to “an action brought under this subsection,” since the statute expressly outlines an administrative remedy, no private cause of action is available for plaintiff under § 1-13-90(c). We affirm summary judgment for the defendant-employer, a state agency. Background Despite […]
Labor Delinquent contribution suit reinstated
A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet Metal Workers’ National Pension Fund, a multiemployer pension plan, filed this suit claiming a delinquent […]
Employment Discrimination – State agency immune from discrimination claims
A Maryland state agency enjoys 11th Amendment immunity against sexual orientation and disability discrimination claims brought by a former employee because the agency did not consent to suit in federal court. Background This appeal and ongoing proceedings in the District of Maryland concern the state and federal employment discrimination claims of plaintiff Michael Pense, a […]
Employment Discrimination – Jury award for age bias termination upheld
A majority of the panel upheld a jury’s conclusion the defendant terminated a 30-year employee because of her age, 61. It said the decision was supported by the evidence, including her tenure and comments made around her termination, and found the district court did not err in its jury instructions or in its questions during […]
Employment Discrimination—Driver over taking sick day had valid discrimination claim
A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness had a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext and a similarly situated white employee had been allowed to return to work after explicitly […]
Employment—Sheriff can fire deputy who supported opponent
Where a sheriff terminated a deputy sheriff who supported the sheriff’s opponent during the re-election campaign, he did not violate the law. Background This case arises from Sheriff Michael L. Chapman’s decision not to reappoint Mark F. McCaffrey as a deputy sheriff in Loudoun County, Virginia. In response, McCaffrey sued Chapman, Loudoun County and its […]
Employment Discrimination—Medical school and doctors not liable for discrimination
A university medical school and two doctors did not discriminate, retaliate or subject the plaintiff doctor to a hostile work environment. Background Afraaz R. Irani filed suit against Palmetto Health; the University of South Carolina School of Medicine; David E. Koon, M.D.; and John J. Walsh, M.D., asserting claims for a hostile work environment, discrimination, […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
