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Labor & Employment – ERISA – ERISA Section 502(a)(1)(B) – ERISA Section 502(a)(3) – Employer-Based Health Benefits
The district court properly held that money was not one of the “benefits” that plaintiff’s now-deceased son was “due” “under the terms of his” employer-based health benefits program, so it was right to dismiss the mother’s Employee Retirement Income Security Act’s (ERISA) Section 502(a)(1)(B) claim. However, while the district court correctly noted that compensatory, “make-whol[...]
Labor & Employment – Collective Bargaining Agreement – NLRA – Longshoremen – New Port
A collective-bargaining agreement between the International Longshoremen’s Association (ILA) and the United States Maritime Alliance (USMX), an association of carriers and other employers, earmarks all container loading and unloading work on the East and Gulf Coasts for the union’s members. So when USMX-affiliated ships docked at a new South Carolina terminal that used non-union lift […[...]
Labor & Employment – Public Employees – Termination – Just Cause – Insufficient Showing
The petitioner-state trooper pulled over a driver for failing to wear a seatbelt; however, the trooper failed to get out of his vehicle before giving the driver a warning. Moreover, after becoming suspicious, the trooper returned to the scene of the traffic stop, found a bag of marijuana on the ground, and threw the bag […]
Labor & Employment – Retirement – ERISA Fiduciary – Cross-Selling
Defendant Aon Hewitt Investment Consulting, Inc., an investment consultant to Lowe’s Companies’ employee retirement plan, could cross-sell (i.e., sell a new service to a client who already uses its other services) its delegated-fiduciary services without breaching its fiduciary duties under the Employee Retirement Income Security Act. Moreover, Aon did not need to re-review its own […]
Labor & Employment – Public Employees – University Coach – Failure to Report Ongoing Threat
The respondent-university presented evidence to show the following. In addition to serving as head football coach for the university, petitioner agreed to serve as a campus security authority. In that capacity, petitioner agreed to immediately report any ongoing threat – even if he was unsure whether an ongoing threat existed – to the university police […]
Labor & Employment – Civil Rights – Tort/Negligence – Conversion – Car Dealership
When a car dealership was reorganized by a new boss, the plaintiff-sales managers – who are Black – did not relocate to a new “sales tower” in the middle of the store. No one told plaintiffs not to relocate with the other sales managers. Plaintiffs have not shown that it was their race (or the […]
Labor & Employment – Whistleblower Act – Retaliation Claim – Causal Relation – University Radiology Department
Plaintiff brings this action under the Whistleblower Act, alleging that he was fired in retaliation for raising safety concerns in the university radiology department where he worked. However, in a separate administrative action, it was determined that plaintiff’s discharge was proper and not retaliatory. Consequently, plaintiff cannot make out the “causal connection” element of his [&hellip[...]
Labor & Employment – Administrative – Justice Officer Certification – Good Moral Character
The Sheriffs’ Education and Training Standards Commission failed to apply its own standard for finding an officer lacked good moral character; moreover, the Commission failed to investigate whether petitioner’s character had been rehabilitated in the years his case was pending. We affirm the superior court’s reversal of the Commission’s indefinite denial of petitioner’s justice officer [[...]
Labor & Employment – Public Employees – Wrongful Termination – Statute of Limitations – First Impression
Plaintiff brings a wrongful termination claim against state actors, pursuant to 42 U.S.C. §§ 1981 and 1983. Since plaintiff’s claim arises from post-contract-formation conduct, the claim was made possible by the Civil Rights Act of 1991. Pursuant to 28 U.S.C. § 1658, any claims arising under any act of Congress that was enacted after December […]
Labor & Employment – Retaliation Claims – Title IX & ADA – College Professor
The plaintiff-professor, who excessively fraternized with students and clashed with her peers, has failed to show that the defendant-college retaliated against her – for helping students file Title IX complaints and for seeking accommodation for her disability – when it declined to renew her one-year contract and then, reacting to threats from plaintiff, fired her. […]
Labor & Employment – Contract – Restrictive Covenants – Overbroad – Misappropriation of Trade Secrets
In the context of a covenant not to compete, legitimate business interests include protecting the goodwill that arises from a former employee’s contacts with customers and safeguarding the confidential information to which the former employee had access. Here however, the covenant between plaintiff and defendant Gibson – plaintiff’s former employee – is not sufficiently tailored […]
Labor & Employment – Railroad Worker – Race Discrimination Claim – Insubordination
Before a train trip, Amy Sine, a person unknown to plaintiff, who was not wearing Amtrak garb, informed plaintiff that he would be on the team uncoupling a car from the train on which plaintiff was working. Plaintiff initially refused, saying he did not know Sine. However, even after plaintiff’s supervisor told him who Sine […]
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- Police chief who led newspaper raid resigns
- May trial date set for indicted senator
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- Supreme Court opens new term today
- Judge blocks 2 provisions in NC abortion law
- Connecticut tightens laws on gun control
- Garland says he’d resign if asked to target Trump
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
