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Tag Archives: Administrative Remedies

Labor & Employment — Disability Discrimination Claim – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Failure to Accommodate (access required)

Harvey v. Burlington Coat Factory (Lawyers Weekly No. 15-03-0495, 9 pp.) (Loretta Biggs, J.) 1:13-cv-01107; M.D.N.C. Holding: Plaintiff’s EEOC charge focuses solely on her reduced hours and termination, which are not reasonably related to the failure-to-accommodate claim asserted in this ...

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Labor & Employment — Civil Practice – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies – Title VII – EEOC Charge (access required)

Brooks v. Coble Settlement (Lawyers Weekly No. 15-03-0234, 10 pp.) (James Beaty, J.) 1:14-cv-00280; M.D.N.C. Holding: Plaintiff’s complaint does not allege that she exhausted her administrative remedies against defendant Nursefinders, and the EEOC right-to-sue letter attached to her complaint does ...

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Labor & Employment – Public Employees – Administrative Remedies – Exhaustion Requirement – Civil Practice – Subject Matter Jurisdiction (access required)

Hedgepeth v. Winston-Salem State University Where plaintiff used the defendant-university’s campus grievance process but failed to either file a petition for judicial review or to demonstrate that an exhaustion of her university administrative remedies would provide inadequate relief, plaintiff failed to exhaust her administrative remedies prior to filing her complaint against defendants.

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Tort/Negligence – Defamation – Tortious Interference with Contract – Physician – Hospital Privileges – Administrative Remedies (access required)

Philips v. Pitt County Memorial Hospital Inc. The statutes of limitations that apply to the plaintiff-doctor’s tort claims against the defendant-hospital and his fellow physicians were not tolled by administrative proceedings within the hospital because, in his tort action, plaintiff seeks monetary damages, which were not available in the hospital’s administrative proceedings.

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Labor & Employment – Disability Discrimination – Administrative Remedies – Exhaustion – Wheelchair (access required)

Sydnor v. Fairfax County, Va. A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning light duty work but not a wheelchair in her EEOC complaint.

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Tort/Negligence – Defamation – Libel – Sovereign Immunity – Individual Capacity – Administrative Remedies – Intra-office Communication (access required)

White v. Trew Where the complaint only seeks damages from the defendant himself, defendant is being sued in his individual capacity; therefore, he is not entitled to sovereign immunity. We affirm the trial court’s denial of defendant’s motion to dismiss.

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Labor & Employment – Public Employees – Sovereign Immunity – Employment Contracts – ‘Professional’ – FLSA – Overtime – Administrative Remedies (access required)

Brown v. North Carolina Department of Environment & Natural Resources Where G.S. § 113-56.1 confers rights to overtime compensation on state foresters, the state has waived its sovereign immunity as to a lawsuit by state foresters to recover such compensation. We reverse the trial court's dismissal of plaintiffs' claim for overtime compensation.

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