Day 1 exercise, redline PDF

Preview

Summary

This is the first exercise of many....

Description

Redline of Day #1 Exercise (without citations)

Hank’s Mr. Weiss’s case against our clients Blue Crystal can’t standshould be dismissed. According to

North Carolina General Statute § 95-25.1, holds that the Wage and Hour Act only protects citizens of

North Carolina the purpose of the statuteWage and Hour Act is to “promote the general welfare of the

people of the State.” In interpreting the aforementioned statute, the Court of Appeals of North Carolina

helpfully holdsheld, “The plain language of the statute identifies it as being for the benefit of North

Carolina residents.” Moreover, the Court believed held that the statute does not protect “the North

Carolina Wage and Hour Act does not apply to the wage payment “claims of a nonresident who neither

lives nor works in North Carolina.”

The same is true in the case sub judicethis case. Hank Mr. Weiss lived in New Mexico during

such time as while he was working for Blue Crystal. Although he visited North Carolina once a month,

he doesn’t get a pass; the plaintiff in Sawyer visited North Carolina even more often and was not

entitled to protection under the Wage and Hour Act. In accordance with that case, Mr. Weiss’s claim is

virtually identical and should likewise be dismissed....