North Carolina Lawyers Weekly

Edwards v. PFA Architects, P.A. (Lawyers Weekly No. 020-062-17, 15 pp.) (Michael Robinson, J.) 2017 NCBC 55 Holding: Plaintiff’s employment contract provided that, upon plaintiff’s retirement, defendant PFA Architects, P.A., would, if economically feasible, provide severance benefits to plaintiff. While ...

Tagged with: Contract

American Air Filter Co. v. Price (Lawyers Weekly No. 020-061-17, 29 pp.) (Gregory McGuire, J.) 2017 NCBC 54 Holding: The 2006 employment renewal contract between plaintiff and defendant Price included a covenant not to compete and said it would automatically ...

Tagged with: Consideration

Jennings v. University of North Carolina (Lawyers Weekly No. 012-108-17, 9 pp.) (Ann Marie Calabria, J.) Appealed from Washington County Superior Court (J. Carlton Cole, J.) N.C. App. Unpub. Holding: Plaintiff does not contend that the defendant-employer’s purported interference with ...

Tagged with: FMLA

Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement Plan (Lawyers Weekly No. 001-150-17, 13 pp.) (Duncan, J.) No. 16-1730, June 23, 2017; USDC at Baltimore, Md. (Garbis, J.) 4th Cir. Holding: In denying disability benefits to professional football player Jesse ...

Tagged with: Brain Injury NFL

Ragavage v. City of Wilmington (Lawyers Weekly No. 012-103-17, 11 pp.) (Chris Dillon, J.) Appealed from New Hanover County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Wilmington’s city charter permits the dismissal of employees “for cause.” If the ...

Tagged with: Firefighter

Brewington v. North Carolina Department of Public Safety (Lawyers Weekly No. 011-177-17, 45 pp.) (Valerie Zachary, J.) (Linda McGee, C.J., concurring) Appealed from the Office of Administrative Hearings (Fred Morrison Jr., Sr. ALJ) N.C. App. Holding: Although petitioner presented evidence ...

Tagged with: SBI

U.S. EEOC v. Consol Energy Inc. (Lawyers Weekly No. 001-133-17, 34 pp.) (Harris, J.) No. 16-1230, June 12, 2017; USDC at Clarksburg, W.Va. (Stamp, J.) 4th Cir. Holding: A mining company discriminated in violation of Title VII against plaintiff, an ...

Tagged with: Mark of the Beast Religious Faith

Villa v. Cavamezze Grill LLC (Lawyers Weekly No. 001-132-17, 16 pp.) (Traxler, J.) No. 15-2543, June 7, 2017; USDC at Alexandria, Va. (Ellis, J.) 4th Cir. Holding: The 4th Circuit upholds summary judgment for an employer who fired a restaurant ...

Tagged with: False report

Williams v. Imeni (Lawyers Weekly No. 002-027-17, 16 pp.) (Louise Flanagan, J.) 5:16-cv-00516; E.D.N.C. Holding: Although the Fourth Circuit has not addressed the issue, since the FLSA places annual gross sales and enterprise coverage limitations in the definitions section of ...

Tagged with: FLSA

(Lawyers Weekly No. 002-026-17, 10 pp.) (W. Earl Britt, S.J.) 5:14-cv-00260; E.D.N.C. Holding: As a Non-Appropriated Fund employee of the Army, plaintiff is covered under Title II of the Family and Medical Leave Act and has no private right of ...

Tagged with: FMLA