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Tag Archives: Judge A. Marvin Quattlebaum Jr.

Shorter time frame does not render arbitration pact unconscionable (access required)

Where a truck driver claimed an arbitration agreement involved in resolving a dispute with his employer was unconscionable because it shortened all applicable statutes of limitation to one year, the limited time period was not unreasonably short, and the agreement ...

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Statutory amendment to rent law not retroactive (access required)

Where a 2018 amendment to the North Carolina Rental Agreements Act, or RRAA, allowed landlords to start charging certain fees that were previously prohibited, it substantively altered the rights of tenants and landlords, so it could only be applied prospectively, ...

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Reservation of rights letter did not create conflict (access required)

Where the insurance carrier appointed an attorney to defend its insured against personal injury claims, but then issued a reservation of rights letter, there was no conflict because the insured and carrier had a common interest in proving the plaintiff ...

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FLSA exemption incorrectly applied in restaurant wage dispute (access required)

Where restaurant employees claimed that tips and automatic gratuities could not be considered in determining whether their employer met its obligations under the Fair Labor Standards Act, or FLSA, it was error to apply a statutory exemption—29 U.S.C. § 207(i)—to ...

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Indictment, instruction errors prompt firearm reversal (access required)

Where the indictment did not state that to convict the defendant of possession of a firearm by a convicted felon, the government must prove he knew he belonged to the relevant category of persons barred from possessing a firearm, and ...

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Company response forecloses hostile environment liability (access required)

A viable hostile work environment claim based on a co-worker’s conduct requires facts showing the employer knew, or should have known, about the harassment and failed to take action to stop it. Here, because the complaint alleged Best Buy successfully ...

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Video upload satisfies child porn ‘transportation’ element (access required)

Where the defendant moved a video containing child pornography from his laptop to a Dropbox, he satisfied the “transportation” element, even if there was no evidence that he shared, attempted to share or intended to share the video. Background Robert ...

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