Fourth Circuit Year in Review: Labor & Employment Law Cases October 1, 2010 Through September 30, 2011

183 Pages Posted: 23 May 2012 Last revised: 25 Jun 2012

See all articles by Brian S. Clarke

Brian S. Clarke

Unaffiliated; Washington & Lee University School of Law; Charlotte School of Law; Western Carolina University - College of Business

Date Written: May 22, 2012

Abstract

This paper, which was written for use by practitioners, reviews, analyzes and comments on all of the substantive labor and employment law opinions issued by the U.S. Court of Appeals for the Fourth Circuit from October 1, 2010 through September 30, 2011. It also contains comments regarding the composition of the Fourth Circuit bench, including its newest judges (Judges Wynn, Diaz and Floyd), as well as then recent nominee (now confirmed) Stephanie Thacker. Finally, this paper addresses the growing evidence of a fundamental shift in judicial philosophy on the Fourth Circuit, from the most conservative court of appeals in the United States to a fairly moderate or even slightly liberal court. I will address this last topic in considerably more depth, using at least five years worth of case data, in a forthcoming paper.

Keywords: fourth circuit, employment, labor, ERISA, twombly, iqbal, recent cases

Suggested Citation

Clarke, Brian S., Fourth Circuit Year in Review: Labor & Employment Law Cases October 1, 2010 Through September 30, 2011 (May 22, 2012). Available at SSRN: https://ssrn.com/abstract=2064779 or http://dx.doi.org/10.2139/ssrn.2064779

Brian S. Clarke (Contact Author)

Unaffiliated ( email )

United States

Washington & Lee University School of Law

Lexington, VA 24450
United States

Charlotte School of Law

2145 Suttle Avenue
Charlotte, NC 28208
United States

Western Carolina University - College of Business

Forsyth Hall 122G
Cullowhee, NC 28723
United States
828.227.7412 (Phone)

HOME PAGE: http://www.wcu.edu/learn/departments-schools-colleges/cob/

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