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Labor & Employment – Public Employees – Administrative Remedies – Failure to Exhaust – University Football Coach (access required)

Frazier v. North Carolina Central University (Lawyers Weekly No. 15-07-1050, 27 pp.) (Linda Stephens, J.) Appealed from Durham County Superior Court (Michael O’Foghludha, J.) N.C. App. Holding: The plaintiff-football coach’s contract with the defendant-university said he was an employee at ...

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Labor & Employment — Breach of Contract – Restrictive Covenants – Lack of Consideration – Corporate Acquisition (access required)

AmeriGas Propane, L.P. v. Coffey (Lawyers Weekly No. 15-15-1000, 24 pp.) (Louis Bledsoe III, J.) 2015 NCBC 93 Holding: Where plaintiffs’ merger with defendant Coffey’s former employer was accomplished through an equity purchase (not through an asset purchase), and where ...

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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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