Our goal is to serve as a cutting-edge resource for companies operating in an increasingly globalized and regulated business environment. Moore & Van Allen’s MLB Litigation Brief is a complement to our Litigation Blog’s in-depth individual treatment of critical issues emerging in federal, North Carolina state, and international litigation, as well as in arbitration, regulatory enforcement, and related business practices. MLB Litigation Brief hits the highlights of recent developments, streamlining access to critical information for our readers.
- En Banc Fourth Circuit Ruled Hostile Work Environment Discrimination & Retaliation Claims Can be Based on Isolated Incident: Recognizing that it was a first for the court, the Fourth Circuit Court of Appeals held in Boyer-Liberto v. Fontainebleau Corporation, No. 13-1473 (4th Cir. May 7, 2015) that an isolated incident of racial discrimination can be severe enough to constitute a hostile work environment under Title VII, giving rise to the employee’s protection from retaliation for reporting the incident. The court clarified that its prior opinions were not meant to require more than one incident of harassment to maintain a hostile work environment claim, and explicitly overruled Jordan v. Alternative Resources Corp., 458 F.3d 332 (4th Cir. 2006) to the extent that it conflicts with Boyer-Liberto.
- Date Motion to Amend Complaint is Filed is Key to Statute of Limitations Analysis: Judge Bledsoe of the North Carolina Business Court reiterated in Insight Health Corp. v. Marquis Diagnostic Imaging of NC, LLC, 2015 NCBC 50 (May 21, 2015) that the relevant date for determining whether a party was added to a lawsuit prior to the statute of limitations running is the date that a motion to amend is filed and not (a) the date that the court rules on the motion, (b) the date the actual amended complaint is filed, or (c) the date the...
