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Labor & Employment — NCEEPA – Sexual Harassment – Corporate – Individual Defendants – Tort/Negligence – Emotional Distress (access required)

Wang v. Wow Brows (Lawyers Weekly No. 14-03-1061, 10 pp.) (Thomas Schroeder, J.) 1:14-cv-00566; M.D.N.C. Holding: Where plaintiffs merely allege that the individual defendants may have an ownership interest in the corporate defendants, but where plaintiffs do not allege any ...

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Labor & Employment — Civil Rights – Race Discrimination Claim – Disparate Treatment – No Similar Compator (access required)

Robinson v. Volvo Group North America, LLC (Lawyers Weekly No. 14-03-1055, 12 pp.) (Catherine Eagles, J.) 1:13-cv-00748; M.D.N.C. Holding: Although plaintiff has identified a Caucasian employee, S.B., who also received warnings for rudeness, and although both plaintiff and S.B. were ...

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Labor & Employment — FLSA – Civil Practice – Subject Matter Jurisdiction – ‘Employer’ – Civil Practice – More Definite Statement (access required)

Luna-Reyes v. RFI Construction, LLC (Lawyers Weekly No. 14-03-1057, 19 pp.) (Thomas Schroeder, J.) 1:14-cv-00235; M.D.N.C. Holding: Since the Fair Labor Standards Act does not indicate that Congress intended the term “employer” to operate as a jurisdictional bar, whether defendants ...

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Labor & Employment — Disability Discrimination Claim – Accommodation – Wrongful Discharge – Insufficient Allegations (access required)

Mejia v. Wal-Mart (Lawyers Weekly No. 14-03-1058, 13 pp.) (Thomas Schroeder, J.) 1:14-cv-00237; M.D.N.C. Holding: Where plaintiff alleges that he told the store manager about a disturbing conversation plaintiff had had with his shift manager and then asked the store ...

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Labor & Employment — Breach of Contract Claim – Tort/Negligence – Breach of Fiduciary Duty Counterclaim – Hospital Merger – Former CEO (access required)

Cashion v. Lexington Memorial Hospital, Inc. (Lawyers Weekly No. 14-16-0996, 17 pp.) (Robert C. Hunter, J.) Appealed from Davidson County Superior Court (Theodore Royster Jr., J.) N.C. App. Unpub. Holding: The defendant-hospitals argue on appeal that plaintiff resigned when he ...

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Labor & Employment — Civil Rights – Race Discrimination – Hostile Environment – Defendant’s Reaction (access required)

Stewart v. Jeld-Wen, Inc. (Lawyers Weekly No. 14-04-0974, 12 pp.) (Max Cogburn Jr., J.) 1:13-cv-00240; W.D.N.C. Holding: Where plaintiff alleges that (1) a co-worker routinely directed racial slurs at him, (2) she physically assaulted him while making racially derogatory statements, ...

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