At some point, everyone dreams about having the power to hurry along the hands of time, to hasten the arrival of the weekend, or maybe a vaccine. Contract law gives lawyers something akin to this sort of power: the ability ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

An Army sergeant convicted of killing his new spouse, an Army soldier, failed to demonstrate that murder is not a crime of violence. Supreme Court precedent holds that it is impossible to cause bodily injury “without applying force in the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge A. Marvin Quattlebaum Jr.

In the trial of a doctor charged with unlawfully distributing controlled substances, specifically opioids, it was in error to allow testimony from four patients whose prescriptions were not the basis for any charges in the indictment. Their testimony was not ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.

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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge A. Marvin Quattlebaum Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Insurance Judge A. Marvin Quattlebaum Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge A. Marvin Quattlebaum Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr. Judge Roger L. Gregory

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge A. Marvin Quattlebaum Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge A. Marvin Quattlebaum Jr.