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Tag Archives: first impression

Domestic Relations – Alimony – First Impression – Health Insurance – Marital Misconduct – Termination Events – Equitable Distribution – IRA (access required)

Lucas v. Lucas. Like other types of insurance, health insurance can be part of alimony. Although the trial court could order the defendant-husband to maintain health insurance for the plaintiff-wife, the . . .

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4th Circuit: Offer letter didn’t moot overtime case (access required)

The "junior asset managers" of a Charlotte mortgage-servicing firm answered phones and collected payments. They didn't supervise others, didn't make final decisions on how to process accounts - and at one point they were asked to fill out time cards to document their hours. Yet the workers at United Mortgage and Loan Investment routinely were asked to work more than 40 hours a week and were deemed exempt from federal wage and hour laws that require overtime pay.

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Domestic Relations – Attorney’s Fees – Judicial Notice – Reasonable Hourly Rate – First Impression – Findings of Fact – Insufficient Funds to Defray Costs (access required)

Simpson v. Simpson. The trial court erred when it concluded that it was precluded from taking judicial notice of the customary rate of local attorney's fees in connection with motions for attorney's fees brought under G.S. § 50-13.6. The parties . . .

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Criminal Practice – Jury Instructions – Speeding to Elude Arrest – Aggravating Factors – Lesser Included Offense – First Impression (access required)

State v. Dewalt. In an issue of first impression involving the offense of felony speeding to elude arrest, a jury can be instructed on driving while license revoked as an aggravating factor even if the offense took place in a public vehicular area, rather than a street or roadway ...

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First-impression: Builder faces personal liability for negligence (access required)

"The corporate veil was not pierced here," Wilmington attorney Ryal Tayloe told Lawyers Weekly. But the president and sole shareholder of Wrightsville Beach-based Collins Building, Inc., will still face plaintiffs in his individual capacity, after the Court of Appeals reversed a New Hanover County Superior Court judge's dismissal of claims against Collins. The Jan. 4 apparent first-impression decision is White v. Collins Bldg., Inc.

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