February 10, 2012 4th Circuit published opinions

Boitnott v. Corning, Inc.

Plaintiff alleged employer violated the Americans with Disabilities Act by refusing to allow him to work 8 hour shifts instead of 10 or 12 hour shifts. The panel held ability to work 40 hours a week, though not overtime, did not substantially limit the major life activity of working and affirmed judgment for the employer.

SunTrust Bank v Northern

Bank recorded a deed of trust listing only one of two tracts which were to secure a loan. The panel affirmed a bankruptcy order avoiding the deed of trust holding that North Carolina law allows a purchaser (which the trustee is considered for avoidance actions) to rely exclusively on the recording index.

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