Free Newsletter
Labor & Employment – Employee Pension Benefit Plan – Long-Term Incentive Compensation Program
Merrill Lynch’s WealthChoice Award program does not qualify as an “employee pension benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA). We affirmed summary judgment in favor […]
Labor & Employment – ‘Qualified Individual’ Under the ADA – Reasonable Accommodation
Defendant was not a “qualified individual” under the ADA because his medical restrictions prevented him from performing the essential functions of his job with or without reasonable accommodation. We affirmed […]
Labor & Employment – At-Will Employment – Wrongful Discharge
We affirmed dismissal as to plaintiff’s pregnancy and disability-based claims, but the trial court erred in dismissing plaintiff’s wrongful discharge claim based on sex discrimination. That portion of the lower […]
Labor & Employment – North Carolina Joint Employment Doctrine – Joint Employer
Plaintiff-employee did not satisfy the control requirement for joint employment. We reversed the decision of the Court of Appeals to the extent that the court held Truesdell Corporation qualified as […]
Labor & Employment – Non-Competition Agreement – Misappropriation of Trade Secrets
The non-compete is unenforceable as overbroad and the remaining contract, trade secret, fraud, and unfair and deceptive trade practices (UDTP) claims inadequately pleaded or legally barred. The Court granted Defendant’s […]
Labor & Employment – Workers’ Compensation Act – Special-Employee Doctrine
The trial court properly determined that the Workers’ Compensation Act provided the exclusive remedy for Plaintiff’s workplace injuries, thereby depriving the court of subject- matter jurisdiction over Plaintiff’s civil claims. [&he[...]
Labor & Employment – Due-Process and Equal-Protection Rights – Employee Dispute Resolution
The district did not err in finding no merit to Plaintiff claim that her immediate supervisor’s supervisor was deliberately indifferent to Plaintiff’s sexual-harassment complaint. We affirmed both district court decisions. […]
Labor & Employment – Title VII of the Civil Rights Act of 1964 – Hostile Work Environment
Plaintiff alleged no factual basis to support the conclusion that discriminatory bias, rather than the outcome of an investigation, was the Army’s motivation for disciplining her. We affirmed. Plaintiff, a […]
Labor & Employment – Breach of Contract – Misappropriation of Trade Secrets
Plaintiff company failed to identify its trade secrets with sufficient particularity. The Court granted in part and denied in part Defendants’ motion to dismiss. Defendant Ryan McCray was once an […]
Labor & Employment – Breach of Contract – Misappropriation of Trade Secrets
Allegations do not warrant invoking the inevitable disclosure doctrine, as Plaintiff has not alleged that, because its former employees who had access to trade secret information left to work for […]
Labor & Employment – Breach of Non-Compete Agreement – Wrongful Interference with Contract
The non-compete provision is facially overbroad and does not reasonably put Defendant on notice of what services he is prohibited from providing. The Court granted in part and denied in […]
Labor & Employment – Employment Agreement – Trade Secret Misappropriation
Plaintiffs’ allegations are sufficient to satisfy the redressability requirement; Plaintiffs’ claims are not barred by the statute of limitations. The Court denied Defendants’ motion to dismiss plaintiffs’ complaint. Plaintiff[...]
Top Legal News
- Judge dismisses suit accusing Zillow of kickback, racketeering schemes
- Settlement agreement did not terminate LLC membership
- Settlement may have mooted insurer’s coverage dispute
- Raleigh ed-tech company pays six figures to resolve EEOC disability discrimination charge
- EBay, former execs to pay $56M to settle couple’s harassment case
- ‘Don’t threaten our first responders’: Jackson sues FEMA again over withheld public safety funds
- 10 business development mistakes you can’t afford to make
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
