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Labor and Employment

  • This Week 
    • 9th Circuit: Union Officials Violated Federal Law When They Formed Competing Union

      SAN FRANCISCO - Local union officials who diverted union resources while attempting to establish a new, competing union after their own was to be placed in trusteeship violated the Labor Management Reporting and Disclosure Act (LMRDA), the Ninth Circuit U.S. Court of Appeals ruled May 22 (Services Employees International Union, et al. v. National Union of Healthcare Workers, et al., No. 10-16549, 9th Cir.; 2013 U.S. App. LEXIS 10375).

      - From LexisNexis® Mealey's™ Daily Legal News

      Plan Administrator Lacks Standing In Lawsuit Against Custodian, 7th Circuit Rules

      CHICAGO - A pension plan administrator does not have constitutional standing to bring suit against the plan's custodian for refusing to make a distribution to the plan's participant because distributions were frozen as a result of a Michigan state court order in a post-judgment collection proceeding, and therefore, the administrator's injury was not "fairly traceable" to the custodian, the Seventh Circuit U.S. Court of Appeals affirmed May 20 (Leroy Johnson v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 12-3869, 7th Cir.; 2013 U.S. App. LEXIS 10006).

      - From LexisNexis® Mealey's™ Daily Legal News

      5th Circuit Reinstates University Officer's Gender Bias Claims

      NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 21 reinstated a university police department employee's gender bias suit, finding that it was possible that the department created a trail of negative reviews in the employee's file in response to a bias suit it believed she would soon file (Martha Helen Haire v. Board of Supervisors of Louisiana State University Agricultural and Mechanical College, No. 12-30290, 5th Cir.; 2013 U.S. App. LEXIS 10245).

      - From LexisNexis® Mealey's™ Daily Legal News

      Judge Finds Claims From Life Insurance Beneficiaries Preempted By ERISA

      FRESNO, Calif. - Finding that the state law breach of contract and bad faith claims brought by the beneficiaries of a life insurance policy were preempted by the Employee Retirement Income Security Act (ERISA), a California federal judge on May 17 granted the insurer's motion to dismiss, while giving the claimants leave to amend (Nicole Cox, et al. v. Reliance Standard Life Insurance Co., No. 1:13-cv-00104, E.D. Calif.; 2013 U.S. Dist. LEXIS 70601).

      - From LexisNexis® Mealey's™ Daily Legal News

      EEOC Sues Nursing Home For Genetic Information Discrimination

      ROCHESTER, N.Y. - The Equal Employment Opportunity Commission filed a complaint in a New York federal court on May 16 alleging that a nursing home and rehabilitation facility violated the Genetic Information Nondiscrimination Act of 2008 (GINA) and other federal laws by requiring a class of applicants and employees to provide genetic information (Equal Employment Opportunity Commission v. Founders Pavilion, Inc. d/b/a Founders Pavilion, No. 13-6250, W.D. N.Y.).

      - From LexisNexis® Mealey's™ Daily Legal News

      U.S. Supreme Court Agrees To Hear Whistle-Blower Appeal

      WASHINGTON, D.C. - The U.S. Supreme Court on May 20 agreed to hear the appeal of a First Circuit U.S. Court of Appeals ruling that the whistle-blower protection provision of the Sarbanes-Oxley Act does not extend its coverage to protect contractors and subcontractors working for private companies employed by public companies (Jackie Hosang Lawson, et al. v. FMR LLC, et al., No. 12-3, U.S. Sup.; 2013 U.S. LEXIS 3889).

      - From LexisNexis® Mealey's™ Daily Legal News

  • Last Week 
    • Split 2nd Circuit Reinstates Disparate Treatment Claim In Firefighters Hiring Suit

      NEW YORK - A split Second Circuit U.S. Court of Appeals panel on May 14 reinstated a disparate treatment claim against New York City and federal law claims against the New York fire commissioner in a case alleging racial discrimination in the hiring of New York City firefighters (United States of America v. City of New York, et al., No. 11-5113, 2nd Cir.; 2013 U.S. App. LEXIS 9671).

      - From LexisNexis® Mealey's™ Daily Legal News

      Split 3rd Circuit Panel: Recess Appointment To Labor Board Was Invalid

      PHILADELPHIA - President Obama's appointment of a member to the National Labor Relations Board in 2010 during a break in a session of the U.S. Senate was invalid, a split Third Circuit U.S. Court of Appeals panel ruled May 16 (National Labor Relations Board v. New Vista Nursing and Rehabilitation, No. 11-3440, 3rd Cir.; 2013 U.S. App. LEXIS 9860).

      - From LexisNexis® Mealey's™ Daily Legal News

      10th Circuit Affirms Firing Of Officer After He Suffered A Stroke

      DENVER - A former Wyoming County Sheriff's Office patrol officer who was unable to perform all of the necessary functions of his job after suffering a stroke failed to prove that his termination was improper, the 10th Circuit U.S. Court of Appeals ruled May 14 (Kevin L. Koessel v. Sublette County Sheriff's Department, et al., No. 11-8099, 10th Cir.; 2013 U.S. App. LEXIS 9677).

      - From LexisNexis® Mealey's™ Daily Legal News

      Judge Denies Sanctions Request Over Plaintiff's Missed Deposition

      GREEN BAY, Wis. - A federal judge in Wisconsin on May 14 denied a motion for sanctions against a former employee accusing a company of forcing him into retirement, after finding that counsel for the defense was told by the plaintiff's attorney that he would not be deposed until he received records about severance packages the company offered to other employees (John Dauska v. Green Bay Packaging Inc., et al., No. 12-C-925, E.D. Wis.; 2013 U.S. Dist. LEXIS 68375).

      - From LexisNexis® Mealey's™ Daily Legal News

      ERISA Doesn't Preempt State Law Tortious Interference Claim, 6th Circuit Rules

      CINCINNATI - Pension plan participants' state law claim for tortious interference with a contract is not completely preempted under the Employee Retirement Income Security Act because the participants alleged a violation of a duty that was independent of the ERISA plan, the Sixth Circuit U.S. Court of Appeals ruled May 10 in ordering remand of the case to state court (Lee Gardner, et al. v. Heartland Industrial Partners, LP, et al., No. 11-2377, 6th Cir.; 2013 U.S. App. LEXIS 9470).

      - From LexisNexis® Mealey's™ Daily Legal News

      Arkansas Federal Judge Grants Conditional Certification In Workers' Wage Suit

      HARRISON, Ark. - An Arkansas federal judge on May 13 granted conditional collective certification in a case filed by hourly employees of a vehicle customization company accused of owing its workers unpaid minimum and overtime wages (Donna Croft, et al. v. Protomotive, Inc., et al., No. 12-3102, W.D. Ark.; 2013 U.S. Dist. LEXIS 67699).

      - From LexisNexis® Mealey's™ Daily Legal News

      Judge Compels International Arbitration of Seaman's Claims Against Cruise Line

      FORT LAUDERDALE, Fla. - A Florida federal judge on May 13 refused to remand a cruise line worker's injury-related claims to a state court, finding that he was required to arbitrate the dispute pursuant to the rules of the International Chamber of Commerce (ICC) under the terms of his employment contract (German Yvan Segersbol v. Celebration Cruise Operator Inc., No. 13-60644, S.D. Fla.; 2013 U.S. Dist. LEXIS 67750).

      - From LexisNexis® Mealey's™ Daily Legal News

      Tenn. Federal Jury Awards More Than $1.5M In EEOC Harassment, Retaliation Suit

      MEMPHIS, Tenn. - A Tennessee federal jury on May 9 awarded more than $1.5 million in a sexual harassment and retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission against New Breed Logistics, a North Carolina-based logistics services provider (Equal Employment Opportunity Commission v. New Breed Logistics, No. 10-2696, W.D. Tenn.).

      - From LexisNexis® Mealey's™ Daily Legal News

      5th Circuit: Prison Warden Failed To Prove Firing Was Caused By Age Bias

      NEW ORLEANS - A former prison warden failed to show that the reason provided for his termination - poor performance at his facility - was actually pretext for age discrimination, the Fifth Circuit U.S. Court of Appeals ruled May 8 (Danny R. Horton v. CCA Properties of America, LLC, No. 12-20404, 5th Cir.; 2013 U.S. App. LEXIS 9358).

      - From LexisNexis® Mealey's™ Daily Legal News

      Judge Compels Arbitration Of Employment Dispute With Hong Kong Entity

      ST. LOUIS - A Missouri federal judge on May 10 refused to remand an employment-related suit filed by the former CEO of an outdoor equipment maker but compelled arbitration of the dispute after determining that his employer and others did not waive their right to arbitration and that a valid agreement existed (Steven D. Fleischli v. North Pole US LLC, et al., No. 4:12CV1618, E.D. Mo.; 2013 U.S. Dist. LEXIS 66850).

      - From LexisNexis® Mealey's™ Daily Legal News

      Wet Seal Seeks To Settle Managers' Race Bias Class Suit For $7.5 Million

      SANTA ANA, Calif. - The Wet Seal Inc. agreed in a May 8 settlement agreement to pay $7.5 million to end a class complaint alleging that it intentionally discriminates against black managers with respect to pay, promotion, job assignments, discipline, termination and other conditions of employment (Nicole Cogdell, et al. v. The Wet Seal, Inc., et al., No. 12-1138, C.D. Calif.).

      - From LexisNexis® Mealey's™ Daily Legal News

      Fired Chicago Tenured Teachers' Due Process Claims Tossed By Illinois Federal Judge

      CHICAGO - Tenured Chicago teachers were not denied their constitutionally protected property interest in continued employment when they were dismissed without individualized determinations of their qualifications, certifications, experience and performance ratings, an Illinois federal judge ruled May 8 (Williette Price, et al. v. Board of Education of the City of Chicago, et al., No. 11-4463, Cheryl Smith v. Board of Education of the City of Chicago, No. 11-4974, Barbara Ferkel, et al. v. Board of Education of the City of Chicago, et al., No. 11-9322, N.D. Ill.; 2013 U.S. Dist. LEXIS 65417).

      - From LexisNexis® Mealey's™ Daily Legal News

  • 2 Weeks ago 
    • New York Federal Judge Refuses To Certify Class Of Hearst Interns

      NEW YORK - A New York federal judge on May 8 denied both a partial summary judgment motion and a class certification motion filed on behalf of interns at 19 magazines owned by The Hearst Corp. who seek unpaid compensation, abandoning a July 12 grant of conditional certification (Xuedan Wang, et al. v. The Hearst Corporation, No. 12-793, S.D. N.Y.; 2013 U.S. Dist. LEXIS 65869).

      - From LexisNexis® Mealey's™ Daily Legal News

      Federal Judge Denies Judgment On Employees' Mold-Related Exposure Claims

      ST. THOMAS, Virgin Islands - A Virgin Islands federal judge on May 8 refused to grant summary judgment to a group of employees who alleged that they suffered injuries as a result of mold exposure at work, finding that they could not rely on a recent ruling in an associated case to support their negligence claims (Barbara Richards, et al. v. Sydney Katz, et al., No. 2009-23, D. Virgin Islands; 2013 U.S. Dist. LEXIS 65362).

      - From LexisNexis® Mealey's™ Daily Legal News

      11th Circuit Upholds Employer's Right To Order Psychological Evaluation

      ATLANTA - Requiring an employee to undergo a psychiatric/psychological fitness-for-duty evaluation does not violate the Americans with Disabilities Act, the 11th Circuit U.S. Court of Appeals ruled May 8, affirming a trial court (Franklin Owusu-Ansah v. The Coca-Cola Company, No. 11-13663, 11th Cir.; 2013 U.S. App. LEXIS 9340).

      - From LexisNexis® Mealey's™ Daily Legal News

      Plan May Seek Reimbursement From Special Needs Trust, En Banc 5th Circuit Rules

      NEW ORLEANS - A divided en banc Fifth Circuit U.S. Court of Appeals on May 7 held that the Employee Retirement Income Security Act permits health plan fiduciaries to seek reimbursement for medical benefits the plan paid on behalf of a participant from a special needs trust funded by a third-party tortfeasor settlement (ACS Recovery Services, Inc., et al. v. Larry Griffin, et al., No. 11-40446, 5th Cir.; 2013 U.S. App. LEXIS 9324).

      - From LexisNexis® Mealey's™ Daily Legal News

      8th Circuit Affirms Summary Judgment Ruling For Medical Center

      ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 7 affirmed a trial court's decision to grant summary judgment for a medical center, finding that an employee who suffered from seizures at work was not qualified to perform her job (Andrea Olsen v. Capital Region Medical Center, et al., No. 12-2113, 8th Cir.; 2013 U.S. App. LEXIS 9278).

      - From LexisNexis® Mealey's™ Daily Legal News

      Fla. Federal Judge Dismisses Suit Alleging Insurer Schemed To Avoid Paying Rebates

      FORT LAUDERDALE, Fla. - A Florida federal judge on May 7 dismissed a putative class action case against a health insurer and a third-party administrator accused of inflating medical loss ratios to avoid paying rebates for excessive premiums to subscribers as mandated by the Patient Protection and Affordable Care Act (PPACA) for lack of standing and ordered arbitration for claims against a second third-party administrator (MRI Scan Center v. National Imaging Associates Inc., et al., No. 13-60051, S.D. Fla.).

      - From LexisNexis® Mealey's™ Daily Legal News

      D.C. Circuit: NLRB May Not Require Employers To Post Rights Notification

      WASHINGTON, D.C. - Employers have a right to remain silent and, as a result, the National Labor Relations Board rule requiring employers to post a "Notification of Employees Rights Under the National Labor Relations Act $(NLRA$)" violates Section 8(c) of the NLRA "because it makes an employer's failure to post the Board's notice an unfair labor practice, and because it treats such a failure as evidence of anti-union animus in cases involving, for example, unlawfully motivated firings or refusals to hire-in other words, because it treats such a failure as evidence of an unfair labor practice," the District of Columbia Circuit U.S. Court of Appeals ruled May 7 (National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, D.C. Cir.; 2013 U.S. App. LEXIS 9231).

      - From LexisNexis® Mealey's™ Daily Legal News

      California Federal Judge Partially Stays, Partially Dismisses Compensation Suit

      SAN FRANCISCO - A California federal judge on May 3 partially granted and partially denied motions to stay and dismiss a class complaint seeking unpaid compensation filed by a former personal trainer, in part based on two similar complaints filed in California and New York against the same employer (Osabemi-Ye Adedapoidle-Tyehimba, et al. v. Crunch LLC, et al., No. 13-225, N.D. Calif.; 2013 U.S. Dist. LEXIS 63787).

      - From LexisNexis® Mealey's™ Daily Legal News

      Bank Of America To Pay $1.7B To Settle Mortgage- Backed Securities Claims

      NEW YORK - Bank of America Corp. (BoA) will pay nearly $1.7 billion to MBIA Inc. and certain of its subsidiaries to settle claims in New York State court that BoA misrepresented the investment quality of and risk associated with certain mortgage-backed securities (MBS) it sold to MBIA, according to press releases issued by both parties on May 6 (MBIA Insurance Corp. v. Countrywide Home Loans Inc., et al., No. 602825-2008, N.Y. Sup., New York Co.).

      - From LexisNexis® Mealey's™ Daily Legal News

      Real Estate Sales Agents Conditionally Certified In Wage-And-Hour Suit

      PHOENIX - An Arizona federal judge on May 3 conditionally certified as a collective action a lawsuit filed by real estate agents alleging that they were denied minimum wage and overtime (Patricia Anderson, et al. v. Ziprealty, Inc., No. 12-332, D. Ariz.; 2013 U.S. Dist. LEXIS 63817).

      - From LexisNexis® Mealey's™ Daily Legal News

      Claims Against Blue Cross In Case Alleging Hidden Administrative Fees Continue

      FLINT, Mich. - A federal judge in Michigan on May 3 declined to dismiss on statute of limitations grounds an employer's claim that Blue Cross and Blue Shield of Michigan (BCBS) violated the Employee Retirement Income Security Act by charging hidden fees that were not included in the parties' administrative service contract (ASC) (East Jordan Plastics, Inc., et al. v. Blue Cross and Blue Shield of Michigan, No. 12-cv-15621, E.D. Mich.; 2013 U.S. Dist. LEXIS 63475).

      - From LexisNexis® Mealey's™ Daily Legal News

      ERISA Applies In Dispute Over Benefits Under Converted Policy, Federal Judge Rules

      NEW ORLEANS - The Employee Retirement Income Security Act preempts state law claims by a beneficiary of a life insurance policy, which was converted to an individual policy, on her allegations that the insurer failed to pay the amount owed under the policy and the doctrines of estoppel and waiver did not apply, a federal judge in Louisiana ruled May 2 (Sankey v. Metropolitan Life Ins. Co. et al., No. 12-1135, E.D. La.; 2013 U.S. Dist. LEXIS 62964).

      - From LexisNexis® Mealey's™ Daily Legal News

      Magistrate Judge Certifies Class Of Plant Workers Seeking Wages Under State Law

      NEW YORK - A New York federal magistrate judge on May 6 certified a class of food-processing plant employees suing for unpaid wages, overtime and spread of hours compensation under New York state law; the same judge conditionally certified a collective action for the plaintiffs' federal law claim in December 2009 (Kingborn Morris, et al. v. Alle Processing Corp., et al., No. 08-4874, E.D. N.Y.; 2013 U.S. Dist. LEXIS 64534).

      - From LexisNexis® Mealey's™ Daily Legal News

      5th Circuit: No Error In Revealing Firing To Worker's New Employer

      NEW ORLEANS - The City of New Orleans committed no error when it revealed the termination of a former employee to the individual's new employer, the Fifth Circuit U.S. Court of Appeals ruled May 3 (Darryl C. Dean v. City of New Orleans, No. 12-30759, 5th Cir.; 2013 U.S. App. LEXIS 9106).

      - From LexisNexis® Mealey's™ Daily Legal News

      Texas Federal Judge Allows Amendment To Add Defendant In Reimbursement Suit

      DALLAS - A Texas federal judge on May 2 granted health care providers' motion to amend their complaint against insurance companies in a reimbursement dispute, saying that defendant the plaintiffs sought to add was a necessary party to the action (Paragon Office Services, et al. v. Aetna Inc., et al., No. 11-1898, N.D. Texas; 2013 U.S. Dist. LEXIS 62804).

      - From LexisNexis® Mealey's™ Daily Legal News

      Law Prohibiting Discretionary Clauses Requires De Novo Review, Federal Judge Says

      CHICAGO - An Illinois statute prohibiting discretionary clauses in insurance policies applies to a disability policy governed by the Employee Retirement Income Security Act, where the policy was renewed and the insurer terminated the participant's disability benefits after the statute was adopted, a federal judge in Illinois ruled May 1 (Zaccone v. Standard Life Insurance Company, No. 10 CV 00033, N.D. Ill.).

      - From LexisNexis® Mealey's™ Daily Legal News

      Court: No Penalties For Employer That Failed To Timely Pay For Unused Vacation

      VENTURA, Calif. - A California corporation violated California Labor Code Sections 227.3 and 201 when it failed to immediately pay terminated employees for all their vested vacation time, as its collective bargaining agreement that stated otherwise "lacked clarity," a California Second District Court of Appeal panel ruled May 2 (Howard Choate, et al. v. Celite Corporation, No. B239160, Calif. App., 2nd Dist., Div. 6; 2013 Cal. App. LEXIS 349).

      - From LexisNexis® Mealey's™ Daily Legal News

      Louisiana Federal Judge Denies Motion To Remand Denial Of Benefits Case

      LAFAYETTE, La. - A Louisiana federal judge on May 1 denied a plaintiff's motion to remand her wrongful denial of prescription benefits case to state court (Amelia Simon v. Express Scripts Inc., et al., No. 13-187, W.D. La.; 2013 U.S. Dist. LEXIS 63132).

      - From LexisNexis® Mealey's™ Daily Legal News

  • 3 Weeks ago 
    • Travel Agency Employees Awarded More Than $20M For Harassment, Retaliation

      TAMPA, Fla. - A Florida federal jury on April 30 awarded eight former travel agency employees, in a lawsuit filed by the Equal Employment Opportunity Commission, a total of $20,251,963 based on their allegations of sexual harassment and retaliation (United States Equal Employment Opportunity Commission v. Four Amigos Travel, Inc., et al., No. 11-1163, M.D. Fla.).

      - From LexisNexis® Mealey's™ Daily Legal News

      Policy Termination Negates ERISA Claims In Life Insurance Dispute, Judge Rules

      PIKEVILLE, Ky. - Because a decedent's life insurance policy had been canceled prior to her death, a Kentucky federal judge on April 30 held that the policy beneficiaries' claims brought under the Employee Retirement Income Security Act (ERISA) failed (Sandra Morris, et al. v. Appalachian Regional Healthcare Inc., et al., No. 7:12-cv-00101, E.D. Ky.; 2013 U.S. Dist. LEXIS 61196).

      - From LexisNexis® Mealey's™ Daily Legal News

      Jury Awards Disabled Farm Workers $240 Million For Abuse And Discrimination

      DAVENPORT, Iowa - An Iowa federal jury on May 1 awarded $240 million to a group of 32 male workers with intellectual disabilities, employed by Hill Country Farms (doing business as Henry's Turkey Service) and represented by the Equal Employment Opportunity Commission, who claimed that they were subjected to severe abuse and discrimination; the verdict is the largest in the history of the EEOC (Equal Employment Opportunity Commission v. Hill Country Farms, Inc., d/b/a Henry's Turkey Service, No. 11-41, S.D. Iowa).

      - From LexisNexis® Mealey's™ Daily Legal News

      5th Circuit: National Security Exception Bars FBI Worker's Bias Claim

      NEW ORLEANS - An FBI contract employee's claim of discrimination fails under Title VII of the Civil Rights Act of 1964's national security exception, the Fifth Circuit U.S. Court of Appeals ruled April 29, affirming a trial court (Bobbi-Anne Toy v. Eric H. Holder, Jr., Attorney General, United States Department of Justice, No. 12-20471, 5th Cir.; 2013 U.S. App. LEXIS 8673).

      - From LexisNexis® Mealey's™ Daily Legal News

      HSBC To Settle Overtime Class Claims For $15.6M

      NEW YORK - A New York federal judge on April 30 granted preliminary approval of a $15,625,000 overtime settlement for HSBC Bank USA N.A., HSBC USA Inc. and HSBC North America Holdings Inc. (together, HSBC) personal bankers, branch relationship bankers, premier relationship managers, small business specialists and business banking specialists (Sharon Yuzary, et al. v. HSBC Bank USA, N.A., et al., No. 12-3693, S.D. N.Y.; 2013 U.S. Dist. LEXIS 3693).

      - From LexisNexis® Mealey's™ Daily Legal News

      Termination Of Benefits Was Not Arbitrary, Capricious, 11th Circuit Holds

      ATLANTA - A disability plan insurer did not violate the Employee Retirement Income Security Act by terminating long-term disability benefits because the insurer reasonably relied on the opinions of an independent medical examiner and a vocational rehabilitation consultant, the 11th Circuit U.S. Court of Appeals affirmed April 29 in an unpublished opinion (Patricia Herring v. Aetna Life Insurance Company, No. 12-15864, 11th Cir.; 2013 U.S. App. LEXIS 8667).

      - From LexisNexis® Mealey's™ Daily Legal News

      KeyBank Settles Relationship Managers' Overtime Claims For $4.9M

      NEW YORK - A New York federal magistrate judge on April 29 granted final approval of a $4.9 million overtime settlement for KeyBank N.A. employees throughout the country (Eric Beckman, et al. v. KeyBank, N.A., No. 12-7836, S.D. N.Y.; 2013 U.S. Dist. LEXIS 60894).

      - From LexisNexis® Mealey's™ Daily Legal News

      Fiduciary Duty Claims Related To Alternative Investments Continue

      SEATTLE - A federal judge in Washington on April 26 declined to dismiss claims that Morgan Stanley, a fiduciary of Weyerhaeuser Co.'s defined benefit pension plan, violated the Employee Retirement Income Security Act by investing in a large number of alternative investments that allegedly contributed to the plan's losing approximately $2.4 billion in 2008 (Michael Palmason v. Weyerhaeuser Company, et al., No. 2:11-cv-00695-RSL, W.D. Wash.; 2013 U.S. Dist. LEXIS 60161).

      - From LexisNexis® Mealey's™ Daily Legal News

2013

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