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Author Archives: Deborah Elkins

Labor – FLSA – ‘Changing Clothes’ – Poultry Processer (access required)

A poultry processing plant is not required under the Fair Labor Standards Act to pay employees for “donning and doffing” protective gear, as that activity constitutes “changing clothes,” and the 4th Circuit affirms a judgment that allowed the plant to ...

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Civil Rights – Inmate Medical Care – Deliberate Indifference (access required)

A prison nurse did not necessarily have qualified immunity from an inmate’s claim that the nurse tore up an “Order to Report” slip that prescribed a specific course of treatment for the inmate’s foot infection, and the 4th Circuit reverses ...

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Workers’ Comp – LHWCA – Aggravated Injury – Attorney’s Fees (access required)

The Benefits Review Board did not err in holding that the employer did not rebut a shipyard worker’s prima facie case of workplace related aggravation-injury, but the 4th Circuit says the board abused its discretion in applying a 10-year-old case ...

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Employment – Whistleblower – Sarbanes-Oxley – Jurisdiction (access required)

In this first-impression case, a national account director for a diagnostic-instrument manufacturer who allegedly uncovered inadequate internal controls and misrepresentations to shareholders, gets a de novo proceeding of his Sarbanes-Oxley whistleblower case in federal district court, and the 4th Circuit ...

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Intellectual Property – Consumer Web Site – Auto Dealer Feedback – Immunity (access required)

A car dealership cannot sue a consumer Web site on which shoppers posted negative experiences for defamation and tortious interference with business expectancy; the 4th Circuit affirms the district court holding that defendant Consumeraffairs.com Inc. has immunity from suit under ...

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