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Labor & Employment – Public Employees – ADEA – Disparate Impact – Business Necessity Defense
Since the court is allowing plaintiff to bring a disparate impact claim under the federal-sector provisions of the Age Discrimination in Employment Act, the court will also allow defendant to assert the business necessity defense. Kennedy v. Shulkin (Lawyers Weekly No. 002-171-18, 6 pp.) (Margaret Seymour, S.J.) 3:15-cv-01844. Rebecca Fulmer and Wilmot Irvin for plaintiff; […]
Labor & Employment – Public Employees – 42 U.S.C. §§ 1981 & 1983 – Civil Practice – Pleadings
Plaintiff’s first two causes of action (race discrimination and retaliation) are brought under 42 U.S.C. § 1981; however, § 1981 does not provide a proper basis for a cause of action. Consequently, plaintiff’s first two causes of action fail to state a claim as a matter of law. The court adopts the magistrate judge’s recommendation […]
Labor & Employment – Public Employees – Tort/Negligence – Wrongful Discharge – Public Policy – Defamation – ‘Malice’
Plaintiff claims that his handling of an altercation with an allegedly recalcitrant high school student was permissible under the defendant-sheriff’s department policy, and he argues that the department’s termination of his employment for his handling of the situation was a wrongful discharge in violation of public policy. However, a deputy serves at the sheriff’s pleasure, […]
Labor & Employment – Public Employees – Tort/Negligence – Wrongful Termination – Public Policy – Building Official – Municipal
Holding: As the defendant-town’s “building official,” it was plaintiff’s mandatory responsibility to enforce the provisions of the state building code by issuing a stop work order when she discovered unpermitted construction work. When the town fired her for doing so, the town violated a clear mandate of public policy. We affirm our Court of Appeals’ […]
Labor & Employment – Public Employees – Municipal Handbook – Constitutional – Freedom of Association – Due Process
Bordner v. Town of Atlantic Beach (Lawyers Weekly No. 002-116-17, 17 pp.) (R. Bryan Harwell, J.) 4:15-cv-05064; D.S.C. Holding: The lynchpin of plaintiff’s First Amendment claim is that, after a mass layoff, he was not rehired because defendants perceived him to be part of an “opposing faction”; however, plaintiff denies that he associated with or […]
Labor & Employment – Public Employees – Administrative Remedies – Exhaustion Requirement – Form over Substance
Chapman v. South Carolina Department of Social Services (Lawyers Weekly No. 011-029-17, 7 pp.) (Paul Short Jr., J.) App0ealed from the Administrative Law Court (Carolyn Matthews, ALJ) S.C. App. Holding: After his client was fired, a lawyer’s letter satisfied the statutory and regulatory requirements for initiating a grievance, despite the fact that the employer’s HR […]
Labor & Employment – Public Employees – Schools & School Boards – Contract Teacher – Dismissal
Toney v. Lee County School District (Lawyers Weekly No. 011-013-17, 11 pp.) (James Lockemy, J.) Appealed from Lee County Circuit Court (Maité Murphy, J.) S.C. App. Holding: Although the plaintiff-teacher disobeyed a directive that she not talk to anyone about her situation while a grievance against her was pending, the record does not contain substantial […]
Labor & Employment – Public Employees – Constitutional – Free Speech – Schools & School Boards – Grade Alteration
Cash v. Garner (Lawyers Weekly No. 002-219-16, 14 pp.) (Bruce Howe Hendricks, J.) 7:16-cv-00548; D.S.C. Holding: Since someone else in the defendant-school district changed the grades of the plaintiff-teacher’s students, plaintiff was not subjected to compelled speech, nor was he required to violate S.C. Code Ann. § 16-13-15, which makes it illegal to falsify or […]
Labor & Employment – Public Employees – Retirement Contributions – Rehired Retirees – Lower Salaries
Grimsley v. South Carolina Law Enforcement Division (Lawyers Weekly No. 010-002-16, 8 pp.) (John Kittredge, J.) Appealed from Richland County Circuit Court (J. Ernest Kinard Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: After retirement, plaintiffs were rehired at reduced salaries, and the salary reduction was equal to […]
Labor & Employment – Public Employees – Official & Individual Capacities – FLSA & SCPWA – Whistleblower Act
Billioni v. Bryant (Lawyers Weekly No. 002-147-15, 22 pp.) (J. Michelle Childs, J.) 0:14-cv-03060; D.S.C. Holding: Where the defendant-sheriff is an arm of the state, and where plaintiff has not shown that the State of South Carolina has explicitly waived its sovereign immunity as to its potential liability under the Fair Labor Standards Act, plaintiff’s […]
Labor & Employment– Failure-to-Hire Claims Not ‘Plausible’
McCleary-Evans v. Md. Dep’t of Transportation (Lawyers Weekly No. 001-052-15, 27 pp.) (Niemeyer, J.) No. 13-2488, March 13, 2015; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: An African-American female with over 20 years’ experience as a project manager on environmental regulatory compliance projects with two Maryland state agencies who alleges the biased decision-makers […]
Constitutional — First Amendment – Labor & Employment – Public Employees – Elections
Lawson v. Gault (Lawyers Weekly No. 002-232-14, 11 pp.) (Timothy Cain, J.) 7:13-cv-01050; D.S.C. Holding: As deputy clerk of court and supervisor within the family court division of the clerk’s office, plaintiff held a position of confidence and authority as the direct representative of the clerk. Accordingly, she did not have a First Amendment right […]
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
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