Where Arlington County sued a host of opioid manufacturers, distributors and pharmacies in state court for causing, or contributing to, the opioid epidemic in the county, two subcontractors properly removed the suit to federal court. Their operation of a government ...

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

Where the plaintiff offered photos, video evidence, and fact and expert witness testimony raising a disputed issue over whether loose bricks and sagging caulk in a town center were a dangerous condition, that the owner of the property should have ...

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

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