By The Associated Press
Published: August 24,2012
MORGANTON (AP) — A western North Carolina county has settled a racial discrimination complaint filed by the U.S. Department of Justice after a government employee repeatedly used a racial epithet at work.
By North Carolina Lawyers Weekly Staff
Published: August 10,2012
Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.
By North Carolina Lawyers Weekly Staff
Published: August 8,2012
Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.
By North Carolina Lawyers Weekly Staff
Published: May 17,2012
Dawkins v. Richmond County Schools Plaintiff alleges that he was let go from his teaching position because, according to a school administrator, the defendant-principal “had a problem with” plaintiff’s sexual orientation. This allegation is sufficient to state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause.
By Phillip Bantz
Published: January 20,2012
A U.S. District Court judge in Charlotte has dismissed a class-action lawsuit that accuses the Family Dollar discount-store chain of discriminating against female employees. The plaintiffs in Scott v. Family Dollar Stores, Inc. failed to meet the standard for class claims set by the U.S. Supreme Court’s landmark decision in Dukes v. Wal-Mart Stores, Inc., Judge Max O. Cogburn Jr. determined in a Jan. 13 order. Cogburn appears to be the first federal judge in the country to interpret the Dukes ruling in a potential nationwide class-action employment suit, according to the head of Family Dollar’s defense team, John R. Wester of Robinson, Bradshaw & Hinson in Charlotte. His colleagues David C. Wright III and Adam K. Doerr also represent the company.
By North Carolina Lawyers Weekly Staff
Published: January 18,2012
Lee-Thomas v. Prince George’s County Public Schools A school board employee in Maryland can sue the board under the Americans with Disabilities Act for an alleged failure to accommodate her hearing disability, as the state has waived its 11th Amendment immunity for claims of $100,000 or less; the 4th Circuit upholds the district court decision allowing the claim to go forward.
By North Carolina Lawyers Weekly Staff
Published: September 21,2011
Kennedy v. St. Joseph’s Ministries Inc. A Catholic nursing-care facility is an exempt religious organization under Title VII. It cannot be sued by a geriatric nursing assistant who alleged religious harassment after she refused to abandon her Church of the Brethren dress code that called for long skirts and hair covering.
By North Carolina Lawyers Weekly Staff
Published: August 10,2011
Okoli v. City of Baltimore A woman whose boss, head of a Baltimore aging agency, “forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform and then, after she spurned the advances and filed a harassment complaint, fired her,” stated claims for hostile environment, quid pro quo harassment and retaliation, and the 4th Circuit vacates summary judgment for the employer and remands the harassment suit.
By North Carolina Lawyers Weekly Staff
Published: April 18,2011
Adams v. Trustees of the University of N.C.-Wilmington (Lawyers Weekly No. 11-01-0389, 29 pp.) (Agee, J.) No. 10-1413, April 6, 2011; USDC at Greenville, N.C. (Howard, J.) 4th Cir. Click here for the full text of the opinion. Holding: The 4th Circuit says a district court has to take another look at First Amendment viewpoint [...]
By Sylvia Adcock
Published: January 14,2011
An attorney with an employment-discrimination case will most likely take the case to the nearest county courthouse to be heard by a state judge. But just as likely, the defense counsel for the employer will have it removed to federal court. It’s not exactly forum-shopping – either side has the right to have the case [...]
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State v. Bean Although the state elicited evidence that defendant exercised her right to remain silent, given the other evidence of defendant’s guilt – her own admissions to a nurse, “I killed my husband just because I finally had enough of him” and “I’m guilty” and the victim’s fear that defendant would kill him – the prosecutor’s comments and questions regarding whether defendant mentioned self-defense prior to trial had little bearing on the jury finding defendant guilty.
State v. Primus Even though the list of the elements of attempted felonious larceny set out in State v. Weaver, 123 N.C. App. 276, 473 S.E.2d 362 (1996), included “falling short of the completed offense,” and even though the state proved that defendant completed the offense of felonious larceny, this does not require the conclusion that proof of the completed offense disproves the attempt to commit. The completed commission of a crime must of necessity include an attempt to commit the crime.
State v. Ingram though one of the eyewitnesses was only 10 years old at the time of the shooting, the credibility of the witness’s identification of defendant was a question for the jury.
