Fourth Circuit

4th Cir: “Proof Satisfactory to the Administrator” = De Novo Review of Benefit Claims

Thanks to friend of the blog, Jon Harkavy, for sending along this potentially important ERISA denial of benefit claim case from the 4th Circuit. In Cosey v Prudential, (4th Cir. Nov. 12, 2013), the Fourth Circuit held that the common plan formulation “proof satisfactory to the administrator” does not unambiguously confer discretion on the administrator and …

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A “Like” is a Like, Court Says, and is Protected Free Speech

In a closely watched case, the Fourth Circuit Court of Appeals held yesterday that a “Like” on Facebook is a form of speech that is protected under the First Amendment. In doing so, it kept alive a lawsuit brought by an employee who claims he was fired for supporting an political candidate who was running against his boss.  The WSJ Law …

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Truck Driver Wins Gender Discrimination Case In Fourth Circuit

Court Elaborates On Types Of  Evidence For Proof Of  Discrimination The recent case of Merritt v. Old Dominion Freight is hands down one of the best decisions I have come across in a long time. It addresses gender discrimination, sex stereotyping, and a corporate culture of discrimination in a way few cases have. It’s simply …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.