No Pregnancy Discrimination in UPS Driver Policy

Employer Met Burden Under LHWCA

By Deborah Elkins
Published: June 5, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Workers' Comp

The 4th Circuit vacates an award of permanent partial disability benefits to a claimant who was disabled from his job repairing large shipping containers because the administrative law judge improperly faulted employer for overlooking in its labor market studies claimant’s purported standing, rest break and medication-related restrictions. Claimant suffered shoulder, arm and back injuries in [...]

Local Carriers Win Telecomm Case Against Sprint

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Contract, Judge Allyson K. Duncan

The 4th Circuit upholds judgment for “CenturyLink” plaintiffs, a group of 19 local exchange carriers that entered into interconnection agreements with defendant Sprint Communications under the Telecommunications Act of 1996 in plaintiffs’ breach of contract action filed after Sprint began to withhold payments under the agreement; the appellate court also upholds the district court judge’s [...]

Reclassified Sex Offender Can’t Sue Over School Access

By Deborah Elkins
Published: April 22, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Allyson K. Duncan

A defendant who, in 1993 was convicted of carnal knowledge of a minor without use of force, for a relationship with a student under her supervision, does not have standing to challenge changes to Virginia law after 2008 classifying her as a violent sex offender who may not enter her children’s school without permission from [...]

Fraud Claim Not Preempted by HOLA

By Deborah Elkins
Published: March 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Real Estate

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal Home Owners’ Loan Act, but her unconscionability claim is preempted under 12 C.F.R. § 560.2 [...]

Holiday hug from boss was not ‘battery’

By Deborah Elkins
Published: March 21, 2013
Tags: Employment, Federal Courts, Judge Allyson K. Duncan

A female employee who complained that males could wear ripped jeans, but she was sent home to change, lost her suit alleging she was fired in retaliation for her complaint. The 4th U.S. Circuit Court of Appeals said Karen B. Balas failed to prove she was fired because she complained about sex discrimination, and not [...]

Fired for False Records, Retaliation Claim Fails

By Deborah Elkins
Published: March 20, 2013
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Allyson K. Duncan

A woman terminated for falsifying time records cannot win her Title VII case alleging she was fired in retaliation for complaining about not being allowed to wear ripped jeans, although men could wear ripped jeans; the 4th Circuit also says her supervisor’s thank-you hug for Christmas cookies she gave him was not assault and battery. [...]

Appeal Waiver Covers Change in Law

By Deborah Elkins
Published: February 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Allyson K. Duncan

Although this court issued a new decision after defendant’s sentencing, under which he no longer qualified for the sentencing enhancements he received under 21 U.S.C. § 841 and USSG § 4B1.1, the 4th Circuit says his appeal waiver was valid and covered this claim and others he asserts on appeal, and the court dismisses his [...]

Psychic Counselor Subject to License Law

By Deborah Elkins
Published: February 27, 2013
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Municipal

A Virginia county may require a “spiritual counselor” who offers psychic readings to obtain a business license and follow local zoning laws; the 4th Circuit says she is entitled to some First Amendment protection, but the county has not unconstitutionally abridged her free speech rights, nor has it violated RLUIPA or plaintiff’s right to equal [...]

Panhandlers’ First Amendment Claim Survives

By Deborah Elkins
Published: February 26, 2013
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Allyson K. Duncan

A district court erred in dismissing plaintiffs’ First Amendment challenge to a Charlottesville city ordinance that restricts panhandling in certain areas; the 4th Circuit says plaintiffs have nudged their claim across the line from “conceivable” to “plausible.” The district court dismissed the suit for failure to state a cognizable First Amendment claim. The court reasoned [...]