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Labor & Employment – Overtime Wages – Foresters
The trial court properly denied Defendants’ defense of ultra vires regarding overtime compensation when they were expressly required to provide overtime compensation to foresters pursuant to N.C. Gen. Stat. § […]
Court affirms abuse and neglect findings, vacates dependency ruling
The North Carolina Court of Appeals affirmed the adjudication of two minor children as abused and neglected but vacated the district court’s conclusion that the children were also dependent juveniles.
Asphalt plant permit reinstated after application deemed complete
The North Carolina Supreme Court has reversed the Court of Appeals and reinstated a permit issued to Appalachian Materials, LLC for the construction of an asphalt plant, holding that the company’s 2015 permit application was complete under Ashe Cou[...]
Communications insufficient to establish personal jurisdiction
A foreign company’s emails, phone calls, wire transfers and mailings to Virginia residents were insufficient to establish that it purposefully availed itself of the privilege of conducting business in Virginia, a per curiam panel of the 4th U.S. Ci[...]
Labor & Employment – De Jure Fiduciary Relationship – Access to Confidential Information
A genuine issue of material fact remains as to whether defendant Anthony De Piante was an acting Vice President of plaintiff Epes Logistics Services Inc., which would in turn support […]
Legal community braces for changes in DEI initiatives
By Jason Boleman and Kris Olson In 2008, the American Bar Association restructured its mission statement to memorialize specific goals for the country’s largest volunteer bar association. Goal III, titled […]
Labor & Employment – Certification of a Class Action – Commonality and Predominance
The district court abused its discretion in certifying this class action because it employed an inappropriately high level of generality when identifying the policies that allegedly unify prospective class members’ […]
Labor & Employment – Computer Trespass – Tortious Interference
Employer sufficiently pleaded a valid claim for computer trespass. We denied plaintiff’s motion to dismiss. This case involved a twist on a familiar fact pattern in this Court involving a […]
Labor & Employment – Class Action Suit Sovereign Immunity – Retired State Employees
Defendants properly pleaded and asserted sovereign immunity as an absolute bar to Plaintiff’s claims. The trial court erred in denying Defendants’ motion for judgment on the pleadings. The trial court […]
Labor & Employment – ERISA – Underpayment of Contributions
Although defendant lost its broad challenge to the Funds’ use of the collective bargaining agreement’s ratio, defendant can still contest the Funds’ inaccurate and unreasonable use of that ratio. We […]
Labor & Employment – Wrongful Discharge – Use of Lawful Hemp-Derived Products
Employer’s drug testing policy was related to a bona fide occupational requirement and reasonably related to its employment activities. We affirmed. Tonya Anderson was fired from her job with Diamondback […]
Labor & Employment – North Carolina Substance Use Disorder Professional Practice Act – Public Policy
Because Counselors identified a specific public policy of the State of North Carolina and they alleged facts sufficient to show their termination contravened this public policy, Counselors plausibly alleged a […]
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Legal Tech
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Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
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- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
