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Tag Archives: 4th U.S. Circuit Court of Appeals

FLSA attorneys’ fee award vacated (access required)

In awarding attorneys’ fees, the district court failed to exclude time spent for plaintiffs whose claims were time-barred; it also incorrectly determined the percentage of sought damages actually won. Plaintiff Gregory Randolph brought suit against his former employer, Defendant PowerComm ...

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Burden on Inmate’s Religious Rights Not Justified (access required)

The government was not entitled to summary judgment against an inmate who claimed that his religious freedom was violated, the appellate court held. Appellant Aaron Carter, a Virginia prisoner, follows dietary restrictions in accordance with his religion (Nation of Islam). ...

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Despite Salary Schedule, Jury Could Find Unequal Pay (access required)

Overturning the trial court’s grant of summary judgment in an equal-pay case, the circuit court held that an employer did not prove its affirmative defenses so convincingly that a juror would be compelled to accept them. The Maryland Insurance Administration, ...

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Abortion Disclaimer Ordinance Violates First Amendment (access required)

The district court was correct to strike down a Baltimore ordinance requiring pregnancy centers that do not offer or refer for abortions to disclose that fact via waiting-room signage, the circuit court said. The Greater Baltimore Center for Pregnancy Concerns ...

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Voluntary Retirement Doesn’t Defeat Disability Claim (access required)

Employees covered by the Longshore and Harbor Workers’ Compensation Act can claim disability benefits despite voluntary retirement, the circuit court held. After working for Appellee Huntington Ingalls Inc. for 45 years, Appellant Russell Moody gave 90 days’ notice of his ...

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“Whistleblower’s” Disclosures Not Protected; Termination Warranted (access required)

Appellant William C. O’Hara, a federal contractor’s former employee, did not make protected disclosures of fraud to the contracting agency and, based on his work performance, would have been terminated from employment notwithstanding such disclosures. After winning a contract with ...

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Too Little Credit to Treating Physicians’ Testimony (access required)

An administrative law judge for the Social Security Administration improperly discounted medical opinions by a claimant’s treating physicians in favor of testimony by a non-treating physician, the circuit court held. After being injured while using a hammer drill at work, ...

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Employer must show reasons for pay disparity actually used (access required)

Pay Gap_FEA

In an Equal Pay Act case, an employer offering reasons for pay disparities between men and women must show it actually applied those reasons in the wage decision process to avoid liability, the 4th U.S. Circuit Court of Appeals has ...

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Standing – Injury in Fact – Civil Rights – ADA – Access Barriers (access required)

A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which placed him at risk of physical harm and denied him equal access to ...

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