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3 Foodborne Illness Drivers

The three drivers behind more reported outbreaks of foodborne illness include: convenience, imported foods and … well, you might be surprised by the third here: https://letamericaknow.com/view_feature_ysk.php?memberid=22871&orderid=957&issueid=1904#

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What If…

I love alternative history stories. Things like “What if the Soviet Union had won the Cold War ?” or “What if JFK had not been assassinated?” I find fascinating and oftentimes help me better understand actual history. I even like alternative takes on imaginary history like “What If Spider-Man had been bitten by a radioactive […]

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Trade Secrets

The law in North Carolina tends to support the ability of people to work for who they want, and when they want. In most cases, with at-will employment, an employee can leave a job whenever they want to work for another company who may provide them more pay or benefits. On the other hand, the […]

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Should HOAs file liens?

I’ve written before about the lien procedure required when a homeowner’s association is attempting to collect on past due assessments. Some of the HOAs I’ve worked with have annual assessments as low as $50, but still have a handful of people who neglect or refuse to pay. My staff is trained on the process of […]

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Can A Spouse be Excluded From Your Will?

  What if a spouse would like to leave their property to a person other than their current spouse? A person may create a will that leaves none of their property to their spouse. However, the spouse, may dissent from or reject the provisions of the will and take a share of the property of […]

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Corporate Pro Se Representation

In North Carolina, a person has a right to represent themselves in court, even if they are not a lawyer. However, even though a corporation or LLC is considered a “person” for many legal issues, they are not capable of representing themselves in court. Even a small corporation that is owned 100% by one individual, […]

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Free Speech in an HOA

Recently, a retired police officer in Southport NC challenged a rule by his homeowner’s association prohibiting religious or political gatherings at the community’s amenities center. The homeowner felt that this was an infringement of his constitutional rights. After holding meetings and gathering petition signatures, the HOA board agreed to change the rule. Some people may […]

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Who controls the roads?

One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, a plat is filed that shows the lots, common […]

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Does Your Dog Bite?

“Every dog gets one bite,” is a bit of homey legal wisdom that is often repeated by laypersons and even lawyers, but it is not entirely true in the state of North Carolina. The first way a person can recover from a dog bite or attack is under a negligence theory. Legally, a dog attack […]

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Warranties

You can get good bargains from buying things from classified ads, or Craig’s List, or at a garage sale. Aside from scams, the biggest problem is what happens when you get that new (to you) boat, vacuum cleaner, Betamax, or automatic tomato planter, home and it quits working. What protection do you have? Legally, you […]

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Child Custody and the Military Service Member

 It has been over a decade since the brutal attack on September 11th, 2001, and the declaration of a “war on terror,” which necessitated an increased presence of American forces in the Middle East and around the world.  Though the troops in Iraq have largely been withdrawn, and the long-promised withdrawal from Afghanistan is on […]

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Ground Control to Major Tom

Probably the most violated law I see by Homeowner Associations is restrictions on satellite dishes. The restriction is in nearly every set of Declarations I review and almost all are illegal provisions. Since 1996, the Federal Communications Commission has adopted a rule that prohibits restrictions that impair the installation, maintenance or use of antennas used […]

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Lawyer in a Box

Consumer Reports took a break from comparing washing machines and SUVs and subjected some of the do-it-yourself legal products to their testing and review. Using the products of LegalZoom, Nolo, Rocket Lawyer, and Quicken’s Willmaker Plus, the testers created a will, car bill of sale, a home lease, and a promissory note using those company’s […]

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Welcome to the Pool

One of the first amenities that are built by developers of planned subdivisions and condominiums in North Carolina is the neighborhood pool. Pools are an attractive addition to a subdivision and developers and owners see them not only as a great place to socialize with neighbors and entertain the kids, but to enhance the value […]

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The Magic Multiplier

In North Carolina, damages for personal injury involve several different kinds of damages. First are the hard damages or “specials” as some call them. These are the damages where the amounts are usually easy to determine. As long as medical bills and lost hours at work can be shown to be caused by the negligence […]

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Good TV

I’ve watched a lot of lawyer shows over the years. The first I remember was “The Paper Chase” which was actually about law school. After watching that I decided I didn’t want to be a lawyer just from the shear amount of stress it appeared that law students have. (Of course I did eventually go […]

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Hoarders & Homeowner’s Associations

One popular reality show today is A&E's "Hoarders. "The show details the problems of pathological hoarding or disposophobia. The individuals acquire possessions and fail to discard them even when the items are worthless, hazardous, or unsanitary and impair mobility and interfere with basic functions of life. The show scratches a morbid curiosity and probably makes […]

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