A Few Labor And Employment Gems I Got This Week


A couple of interesting gems I got this week from other people (thanks, you guys!):

Pro hac vice statements defeat summary judgment! A federal judge in North Carolina denied summary judgment to a law firm who was sued by an associate for wrongful discharge based on race. Although the law firm's evidence showed that the associate was a poor performer, the judge found that statements made in a motion to admit her pro hac vice in New York (saying she was in good standing, and yadayadayada) created a genuine issue of material fact as to whether "poor performance" was a pretext.

My friend (as long as she isn't suing one of my clients) and most-worthy adversary Julie Fosbinder of Charlotte was representing the plaintiff, so I'm not surprised that she (a) thought of it this idea, and (b) persuaded the judge. Law firms, when firing an associate for poor performance, something to think about . . .

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Constangy, Brooks, Smith & Prophete, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.