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Labor & Employment – ERISA – Retirement Plans – Breach of Fiduciary Duty Claim – Excessive Fees – Institutional Investor Status (access required)

Kruger v. Novant Health, Inc. (Lawyers Weekly No. 15-03-0923, 24 pp.) (William Osteen Jr., J.) 1:14-cv-00208; M.D.N.C. Holding: Plaintiffs allege that defendants’ plan only offers retail class shares when the plan could offer identical institutional shares at significantly lower fees. ...

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Labor & Employment – Title VII & 42 U.S.C. § 1981 – College Professor – Race Discrimination & Hostile Environment Claims

Mann v. Winston Salem State University (Lawyers Weekly No. 15-03-0920, 21 pp.) (William Osteen Jr., J.) 1:14-cv-01054; M.D.N.C. Holding: The white plaintiff-professor’s allegations of harassment and bullying by an African-American professor at a traditionally African-American state university are sufficient to ...

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Labor & Employment – ADA – PTSD – Bus Driver – Passenger Safety – Medical Leave – Termination (access required)

Spivey v. Research Triangle Regional Public Transportation Authority (Lawyers Weekly No. 15-02-0901, 15 pp.) (Louise Flanagan, J.) 5:14-cv-00044; E.D.N.C. Holding: Although the plaintiff-bus driver told the defendant-employer that he suffered from post-traumatic stress disorder as a result of his military ...

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Labor & Employment – Public Employees – Constitutional – First Amendment – Free Speech & Right to Petition – County Wage Paying (access required)

Santifort v. Guy (Lawyers Weekly No. 15-02-0879, 17 pp.) (James Fox, S.J.) 4:14-cv-00225; E.D.N.C. Holding: Plaintiff has sufficiently alleged that defendants violated her First Amendment rights by firing her in retaliation for speaking out at county-commissioner meetings about problems with ...

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