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Employment Law Update, Fall 2009

Employment Law Update, Spring 2009

Employment Law Update, Winter 2008

Summaries of Some of the Published Opinions by Members of the Employment Practice Group

Hempfling v. LM Communications Incorporated, 172 Fed. Appx., 2006 WL 774989 (C.A.4(S.C.)). A magistrate’s court denied relief on Hempfling’s employment discrimination action. Hempfling appealed the district court’s order accepting the recommendation of the magistrate judge. The Court of Appeals reviewed the record and found no reversible error. Greg Horton represented LM Communications.

LaRue v. DeWolff, Boberg & Associates, Inc., 458 F.3d 359 (4th Cir. 2006). This appeal involved a participant in a 401(k) plan who sued his employer/administrator under ERISA, alleging that the employer had failed to follow participant’s directions for making changes to investments in his plan account, resulting in losses. The District Court granted employer’s motion for summary judgment on the pleadings. On appeal, the judgment was affirmed. Participant filed a petition for rehearing and the Secretary of Labor filed motion to file an amicus brief. The Court of Appeals, Fourth Circuit denied the petition holding that participant’s claim was not cognizable under ERISA’s civil enforcement provisions. William C. Cleveland, III represented Appellant.

Nelson v. Lockheed Missiles and Space Co., Inc., 131 F.3d 135 (4th Cir. 1997). BMSM represented Lockheed in this employment discrimination action. Lockheed's motion for summary judgment on the complaint filed pursuant to Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e (1994) was granted by the district court and affirmed on appeal. David B. McCormack

Keiger v. Citgo, Coastal Petroleum, Inc., 326 S.C. 369, 482 S.E.2d 792 (S.C. App. 1997). BMSM represented defendant Citgo in this matter. Former employee alleged wrongful discharge and breach of contract's implied covenant of good faith and fair dealing. Circuit court granted motion to dismiss. On appeal, it was held that: (1) whether employer's alleged retaliatory discharge of employee was a violation of clear mandate of public policy, so as to fall under public policy exception to at-will employment, was a novel issue that could not be decided on a motion to dismiss, and (2) former employee failed to state a cause of action for breach of implied covenant of good faith and fair dealing. David S. Yandle

Jenkins v. Eckerd Drug Store No. 1038, 81 F.3d 150 (4th Cir. 1996). BMSM represented Eckerd on a Title VII claim alleging race discrimination. The trial court granted Eckerd's motion for summary judgment and the Fourth Circuit affirmed. David B. McCormack

Glover v. Lockheed Corp., 772 F.Supp. 898 (D.S.C. 1991). BMSM represented Lockheed in this race discrimination suit. The district court granted summary judgment for Lockheed. David B. McCormack

Martino v. Amoco, 7 I.E.R. 331 (Ct. C.P. 1991). BMSM represented Amoco in their wrongful termination suit, which also included a defamation claim. The trial court granted Amoco's motion for summary judgment as to the defamation claim. David B. McCormack

Garvin v. Alumax of South Carolina, Inc., 787 F.2d 910 (4th Cir. 1986). BMSM represented Alumax. The Fourth Circuit held that Alumax, as a statutory employer, was immune from the longshoreman's common-law tort claim. Henry B. Smythe, Jr. , David B. McCormack

Satterfield v. Lockheed Missiles & Space Co., 617 F.Supp. 1359 (D.S.C. 1985). BMSM represented Lockheed in this wrongful termination suit. The district court granted summary judgment to Lockheed. David B. McCormack