It was the best of times for ACA subsidies, it was the worst of times for ACA subsidies.
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.
In a variation on a familiar refrain, the Fourth Circuit recently upheld the enforceability of another arbitration provision under the Federal Arbitration Act (“FAA”) in Santoro v. Accenture Federal Services, LLC.
The erosion of the Fourth Amendment is continuing at a rapid pace. I don’t know which will happen first. The disappearance of the Fourth Amendment or the melting of the North Pole.
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.
On May 12, 2014, the Fourth Circuit Court of Appeals affirmed summary judgment on a SOX whistleblower claim, concluding that the whistleblowers’ alleged protected activity was not a “contributing factor” in the challenged adverse employment action.
What’s the most important part of a Fourth Circuit brief–the festively colored cover? The elegant binding? The dead cockroach that your printer smooshed between pages 19 and 20?
The recipient of funds that a trustee seeks to recover by means of a fraudulent transfer claim may avoid liability by establishing that it took “for value and in good faith,” under section 548(c) of the Bankruptcy Code.
Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s Saferproducts.gov public database.
Louisiana Fourth Circuit Offers Clarification On the Role of Pharmaceutical Labeling and Package Inserts in Medical Malpractice Litigation: Deviation from Manufacturer Dosage Instructions is Not Ipso Facto Evidence of Breach
The effect of a physician’s decision to deviate from the pharmaceutical company’s dosage instructions contained in a drug’s FDA approved package insert has been a recurring issue in medical malpractice litigation with many claimants contending that any deviation from the manufacturer’s instructions constitutes malpractice. In a recent case the Louisiana Fourth Circuit has now specifically rejected that theory.