The following is a quick look at some recent opinions from our neck of the woods:
First, in McAdams v. N.C. Dep’t. of Com., No. COA16-196 (N.C. App. December 6, 2016) (https://appellate.nccourts.org/opinions/?c=2&pdf=34582), the Court of Appeals of North Carolina upheld the trial court’s 12(b)(6) dismissal of the plaintiff’s wrongful discharge and whistle blower claims.
In Brown & Pipkins, LLC v. Service Employees International Union, Local 32BJ, No. 15-1931 (4th Cir. Jan. 23, 2017) (http://www.ca4.uscourts.gov/Opinions/Published/151931.P.pdf), the Fourth Circuit affirmed the district court’s confirmation of four labor arbitration awards, relying primarily on its review of a labor-arbitration decision under a CBA, and holding that the Union waived its claim for attorneys’ fees by not complying with Federal Rule of Civil Procedure 54.
Finally, in The Goodyear Tire & Rubber Co. v. Comm’r of Lab. of State of N.C., No. COA16-520 (N.C. App. Jan. 17, 2017) (https://appellate.nccourts.org/opinions/?c=2&pdf=34823), the Court of Appeals of North Carolina affirmed a lower court ruling—and NCOSHA order—finding that the company violated 29 C.F.R. § 1910.23(c)(1) by failing to install certain elevated railings surrounding its tire presses.
https://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblog.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-01-26 11:26:572017-01-26 11:26:57Recent North Carolina and Fourth Circuit Opinions