The Railway Labor Act does not permit an airline pilots’ union to compel several airlines, the airlines’ holding company and another union, to establish and arbitrate before a multi-employer, multi-union board of adjustment, and the 4th Circuit holds that plaintiff’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Labor

A male physician who was sole owner of his medical clinic must face trial on a female physician and former employee’s complaint of hostile work environment arising from “a series of graphic remarks of a highly personal nature” directed at ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge J. Harvie Wilkinson III

The 4th Circuit says a. defendant who admits lying about his immigration status on I-9 Employment Eligibility Verification Forms cannot overturn his conviction of making false declarations in violation of 18 U.S.C. §§ 1001 and 1546(a) by arguing that his ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

The 4th Circuit upholds defendant’s convictions of retaliation and firearms charges for his role in shooting a drug dealer, who became a government informant and witness and was shot six times by defendant’s “associate,” but who survived the attack. Drug ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

After an $18 million settlement of a personal injury claim by a man left completely disabled after he was struck by a drunken co-worker driving a company truck, the trial court erred when it reduced the one-third contingency fee from ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Judge J. Harvie Wilkinson III

A trial judge who cut the contingency fee in a personal injury case from $6 million to $600,000 committed error, the 4th U.S. Circuit Court of Appeals ruled yesterday. The plaintiff, who was struck by an alleged drunken driver, was ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Judge J. Harvie Wilkinson III Personal Injury

The Power Mountain Coal Company cannot overturn an arbitration award that allows two former coal miners to collect retirement health benefits under a collective bargaining agreement Power Mountain took on when it purchased the plant where the miners had worked; ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Labor

Although defendant contends the sentencing court erred when it looked beyond certain documents to determine whether defendant’s earlier sentence involved two separate predicate offenses, as evidenced by an intervening arrest, the 4th Circuit says the district court did not err ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

Even if defendant lenders “jumped the gun” in removing three plaintiffs’ state court suits alleging violations of Maryland mortgage law to federal court, the district court did not err in refusing to remand the suits because plaintiffs’ amended complaints alleged ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Judge J. Harvie Wilkinson III

When a judge begins by describing a plaintiff’s story as one of “a certain grit and perseverance,” a favorable ruling is usually only a few pages away. That was the case for Deborah Merritt, a driver for Old Dominion Freight ...

Tagged with: Employment Discrimination Judge J. Harvie Wilkinson III