Attorney J. Heydt Philbeck's Legal Cases

Civil rights

Biggs v. N.C. Dep't of Pub. Safety, 953 F.3d 236 (4th Cir. 2020).

Mar 10, 2020

OUTCOME: Dismissal vacated and remanded.

In a § 1983 racial discrimination action, summary judgment for Secretary of a state department, based on Eleventh Amendment sovereign immunity, was vacated because former employee was seeking prospecti ... ve (not retrospective) relief, meaning his claim against the Secretary fell under the sovereign-immunity exception articulated in Ex Parte Young.

Employment and labor

Newberne v. Dept. of Crime Control & Public Safety, et al, 192 N.C.App. 703, 666 S.E.2d 195 (2008)

Jan 01, 2008

OUTCOME: Reversed

In a case of first impression, N.C. Court of Appeals held that plaintiff’s settlement of an administrative claim did not prejudice his ability to bring a Whistleblower claim in Superior Court even thou ... gh the claim arose from the same termination. This case is listed by North Carolina Lawyers Weekly as one of the “50 Most Important Opinions” of 2008. 21 NCLW 1189.

Employment and labor

Caldwell v. Johnson, Administrator of EPA, 289 Fed.Appx. 579 (4th Cir. 2008)(Unpublished)

Jan 01, 2008

OUTCOME: Reversed and Remanded

first U.S. Court of Appeals case in nation to hold that Title VII retaliation standard announced in the U.S. Supreme Court’s landmark decision in Burlington Northern v. White applied to federal employe ... es.

Administrative law

Trayford v. North Carolina Psychology Board, 360 N.C. 396, 627 S.E.2d 462 (2006).

Jan 01, 2006

OUTCOME: Affirmed

North Carolina Supreme Court affirmed petitioner’s interpretation of statute over that of regulatory board, which interpretation is generally given substantial deference.

Wrongful termination

Newberne v. Dept. of Crime Control & Public Safety, et al., 359 N.C. 782, 618 S.E.2d 201 (2005)

Jan 01, 2005