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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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Labor & Employment-Contract – Sales Bonus – Employer’s Discretion – Unjust Enrichment Claim (access required)

McCabe v. Abbott Laboratories, Inc. (Lawyers Weekly No. 14-02-0920, 15 pp.) (James Dever III, Ch. J.) 5:13-cv-00125; E.D.N.C. Holding: Since the defendant-employer’s bonus criteria documents give the employer complete discretion as to whether to pay any bonus, there was no ...

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Labor & Employment-Civil Rights – Religion – Accommodation – Disparate Treatment & Hostile Environment Claims (access required)

Westbrook v. North Carolina A&T State University (Lawyers Weekly No. 14-03-0914, 23 pp.) (James Beaty, J.) 1:12-cv-00540; M.D.N.C. Holding: Once the defendant-university decided to enforce its requirement that its police officers carry weapons, defendant might have been able to accommodate ...

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Labor & Employment – Public Employees – Temporary Employees – 12-Month Rule – Contract – Attorney’s Fees (access required)

Sanders v. State Personnel Commission (Lawyers Weekly No. 14-07-0847, 36 pp.) (Chris Dillon, J.) (Robert N. Hunter Jr., J., dissenting) Appealed from Wake County Superior Court (Kenneth Titus, J.) N.C. App. Holding: Even though defendants violated the “12-Month Rule” set ...

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