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Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisor’s Slurs – Imputation to Employer
Tribble-Toney v. Palmetto Health Baptist Hospital (Lawyers Weekly No. 002-190-16, 13 pp.) (Terry Wooten, C.J.) 3:15-cv-01070; D.S.C. Holding: Where plaintiff contends that her direct supervisor repeatedly made racially based offensive comments and forwarded her multiple emails which had similarly offensive content, there is a genuine issue of material fact as to whether the supervisor’s statemen[...]
Labor & Employment – Race Discrimination Claim – Adverse Employment Action – Heightened Scrutiny – Unattainable Goals
Bradley v. U.S. Foods, Inc. (Lawyers Weekly No. 002-159-15, 14 pp.) (R. Bryan Harwell, J.) 4:14-cv-01772; D.S.C. Holding: Plaintiff’s assertion that “heightened scrutiny” of his accounts constitutes an adverse employment action is not supported by case law in the 4th Circuit. Moreover, there is nothing in the record to show that plaintiff experienced more scrutiny […]
Labor & Employment – Civil Rights – Race Discrimination Claim – Boss’s Race
Ferguson v. Waffle House, Inc. (Lawyers Weekly No. 002-102-14, 10 pp.) (Sol Blatt Jr., Sr.J.) 9:12-cv-01740; D.S.C. Holding: The fact that some of the individuals who allegedly discriminated against plaintiff are the same race as plaintiff is not a dispositive fact when determining whether racial discrimination occurred; nevertheless, it is a relevant consideration in light […]
Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal
Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.
Labor & Employment – Race Discrimination Claim – Hostile Environment – Supervisory Response
EEOC v. Xerxes Corp. An employer survives summary judgment on most of the EEOC's claims of a hostile work environment at a Maryland fiberglass tank plant, characterized by racial harassment of several African-American employees by multiple white employees over a two-year period, from racist slurs to a KKK threat and picture of a person hanging by a noose; but the 4th Circuit vacates summa[...]
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
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Textile firm, railroad settle Graniteville train wreck lawsuit
- State regulators look at car dealer accused of lying to customers
- Subprime mortgage meltdown hits securities law
Commentary
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- Court cases add new twists to legal language
- It’s all business, especially the busyness
- Virginia Tech student got due process in hearing
- 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
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