Recent North Carolina and Fourth Circuit Opinions

By Sean F. Herrmann

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) (, 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) (, 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) (, 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.