For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification.
Lowering the Bar: Fourth Circuit Rules Single Incident Sufficient to Trigger Title VII Hostile Work Environment Claim
Out with the old and in with the new. In a decision issued last week, the 4th Circuit Court of Appeals held that a single incident of harassment was sufficient to move a harassment claim forward.
Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed?
“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC On Background Check Lawsuit Based Upon Faulty Statistical Analysis
We’ve written before on the questionable statistics used by the U.S. Equal Employment Opportunity Commission (EEOC) in other cases, and a recent court of appeals case involving background checks suggests that the EEOC is continuing to use such methods despite scathing criticism from courts.
Duty to Defend Long Latency Cases Not Ratable Says Louisiana’s 4th Circuit: Insurer Who Insured 26 Months of 60-Year Exposure Period Must Defend Entire Case
The Louisiana Court of Appeals 4th Circuit, faced with an issue of first impression, decided not to prorate an insurer’s duty to defend in long latency disease cases.
Today the U.S. Court of Appeals for the Fourth Circuit dealt a lethal blow to the EEOC’s hiring check enforcement litigation in EEOC v. Freeman, No.13-2365 (4th Cir. Feb. 20, 2015).
On January 8, 2015 the U.S. Court of Appeals for the Fourth Circuit issued a decision in United States v. Triple Canopy, which broadened the reach of the False Claims Act (FCA) by embracing the theory of implied certification.
The Fourth Circuit recently held that SOX whistleblower retaliation claims are subject to a four-year statute of limitations and that emotional distress damages are available in SOX actions. Jones v. SouthPeak Interactive Corp. of Del., Case Nos. 13-2399 and 14-1765 (4th Cir. Jan. 26, 2015).
On January 8, Fourth Circuit Court of Appeals, in United States ex rel. Badr v. Triple Canopy Inc., embraced a theory of implied certification under the False Claims Act (“FCA”), representing a departure from prior Fourth Circuit jurisprudence.
On December 18, the Fourth Circuit gave appellants an early Christmas/timely Hanukkah/late Ramadan present when it clarified the requirements for a notice of appeal in Jackson v. Lightsey, Case No. 13-7291. Jackson is a deliberate-indifference Section 1983 action.