Cosey v. Prudential Insurance Co. of America, No. 12-2360
Decided November 12, 2013
The Fourth Circuit vacated the district court’s judgment and remanded for further proceedings. The Court concluded that language in a disability benefit plan provided by an employer was ambiguous and, therefore, …
Scott et. al v. Family Dollar Stores, Inc., No. 12-1610
Decided: October 16, 2013
The Fourth Circuit Court of Appeals reversed the district court’s denial of female employees’ (“Appellants”) motion to amend their complaint, in their sex discrimination and equal pay action against Family Dollar …
Waugh Chapel South, LLC v. United Food and Commercial Workers Union Local 27, No. 12-1429
Decided: August 26, 2013
The Fourth Circuit held that the Mid-Atlantic Retail Food Industry Joint Labor Management Fund (the “Fund”) was not a “labor organization” subject to the Labor Management Relations Act (“LMRA”), and that …
Eastern Associated Coal Corp. v. DOWCP, No. 11-2038
Decided: July 31, 2013
The Fourth Circuit Court considered a former employer’s challenges to attorneys’ fees and other related fees awarded under the Black Lung Benefits Act (the BLBA), 30 U.S.C § 901 through 945. …
National Labor Relations Board v. Enterprise Leasing Company, LLC, No. 12-1514, 12-2000
Decided: July 17, 2013
The Fourth Circuit denied the National Labor Relations Board’s (the “NLRB”) application for enforcement of two bargaining orders because it found that the Obama Administration’s recess appointments to the NLRB violated …
Bunn v. Oldendorff Carriers GMBH & Co. KG, No. 12-1888
Decided: July 17, 2013
The Fourth Circuit Court of Appeals affirmed the district court’s judgment entered in favor of Plaintiff Richard Bunn, who slipped and fell on Defendant’s ship, under § 5(b) of the Longshore …
The Fourth Circuit affirmed the judgment of the Department of Labor (“DOL”) Benefits Review Board (the “Board”) awarding automatic survivors’ benefits to miners’ dependents when the miner, at the time of …
Chamber of Commerce of the United States v. National Labor Relations Board, No. 12-1757
Date Decided: June 14, 2013
The Fourth Circuit affirmed the district court’s ruling that a rule promulgated by the National Labor Relations Board (the “NLRB”) requiring employers to notify employees of their rights under the …
Westmoreland Coal Company, Inc. v. Cochran, No. 11-1839
Decided: June 4, 2013
The Fourth Circuit affirmed the Administrative Law Judge’s (“ALJ”) decision to award black lung benefits under the Black Lung Benefits Act (the “Act”) to Cochran, a former Westmoreland Coal Company (“Westmoreland”) …
The Fourth Circuit vacated the decision and order of the Benefits Review Board (“BRB”) awarding permanent partial disability benefits to Marine Repair Services, Inc.’s (“Marine”) former employee under the Longshore and …
The Fourth Circuit affirmed the judgment of the United States District Court for the Western District of North Carolina in its grant of summary judgment to Stephanie Crockett’s (“Crockett”) former employer …
Angela Johnson v. American United Life Insurance Company, No. 12-1381
Decided May 24, 2013
The Fourth Circuit reversed the district court’s denial of accidental death and dismemberment (“AD & D”) benefits to the insured’s widow through group policies issued by American United Life Insurance Company …
Mayo v. Board of Education of Prince George’s County, No. 11-1816, No. 11-2037
Decided: April 11, 2013
The Fourth Circuit affirmed the decision of the district court and held that (1) the employees’ union had adequately consented to the notice of removal of the action to federal court; …