Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).

Could’ve, Would’ve. What Should a Fiduciary Do? Fourth Circuit Decision Could Spell More Uncertainty for Retirement Plan Fiduciaries

Could’ve, Would’ve. What Should a Fiduciary Do? Fourth Circuit Decision Could Spell More Uncertainty for Retirement Plan Fiduciaries

Coming on the heels of the U.S. Supreme Court’s Dudenhoeffer decision, which eliminated a pro-fiduciary presumption with respect to company stock holdings in qualified retirement plans, the 4th Circuit issued a decision last week that could cause even more unrest for plan fiduciaries.

See No Harassment, Hear No Harassment? Not Anymore: the Fourth Circuit Holds Employer Liable for Third-Party Harassment.

Employers may risk peril if they ignore third-party harassment claims.  In Freeman v. Dal-Tile Corp., No 13-1481, 2014 WL 1678422 (4th Cir. April 29, 2014), the Fourth Circuit recently ruled that a negligence standard applies to third-party harassment claims under Title VII.

Fourth Circuit Rules That Dodd-Frank’s Ban On Predispute Arbitration Agreements Does Not Invalidate Entire Arbitration Agreement

In its recent decision in Santoro v. Accenture Federal Services, LLC [pdf], the Fourth Circuit Court of Appeals has joined the Fifth Circuit [pdf] in narrowly interpreting the prohibition against predispute arbitration agreements in the Dodd Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) — and employers can breathe a further sigh of relief.