Walls v. Dillon County Detention Center (Lawyers Weekly No. 002-049-15, 8 pp.) (R. Bryan Harwell, J.) 4:13-cv-02551; D.S.C. Holding: Even if plaintiff was entitled to a notice of a right to sue from the EEOC, the record does not indicate ...

Tagged with: Administrative Remedies

Crane v. Starwood Hotels & Resorts Worldwide, Inc. (Lawyers Weekly No. 002-046-15, 14 pp.) (Patrick Michael Duffy, J.) 4:14-cv-01651; D.S.C. Holding: Even though plaintiff filed an “Intake Questionnaire” with the EEOC, since she never filed a perfected, verified “Charge of ...

Tagged with: Administrative Remedies

Sydnor v. Fairfax County, Va. A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning light duty work but not a wheelchair in her EEOC complaint.

Tagged with: Administrative Remedies Labor & Employment

White v. United States Plaintiff’s claims for loss of consortium and wrongful death are separate and distinct. Only a spouse may bring a loss of consortium claim, while any heirs to an estate may be the beneficiaries of a wrongful death award.

Tagged with: Administrative Remedies Tort/Negligence

Lominick v. Michelin Tire Where plaintiff alleges that the defendant health care plans mistakenly refused to pay her late husband’s health care expenses, plaintiff must exhaust her administrative remedies before filing suit. Defendants’ motions to dismiss and for summary judgment are granted without prejudice to plaintiff’s right to pursue any available administrative remedies.

Tagged with: Administrative Remedies ERISA Insurance

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

Tagged with: Administrative Remedies Constitutional Due Process Labor & Employment Public Employees Retirement