• Blog Post

    EARTH FARE AND THE “WARN” ACT

    In early February, Earth Fare announced it would be closing all of its stores, likely meaning each of its 3,000 employees would be laid off.  In response, two employees of the Asheville-based grocery store chain filed a class-action lawsuit alleging Earth Fare violated the Worker Adjustment and Retraining Notification Act (the “WARN Act”).  Generally, the WARN Act requires employers with at least 100 employees to provide at least a 60-day advance written notice of plant closings and mass layoffs; however, the likelihood of success of the plaintiffs’ claims will be determined by the specific definitions provided in the WARN Act, as well as its exceptions and exemptions.   The WARN…

  • Blog Post

    IMPLIED EASEMENTS BY PRIOR USE

    In B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC, the North Carolina Court of Appeals addressed the question of when an easement can be implied by prior use.  An easement is an individual’s right to use the land of another individual for a specific purpose.  Frequently, easements are created by the express agreement of the landowner and the individual seeking to use the land; however, as the court in Belk confirmed, easements can also be created by implication.   Factual History   In Belk, B.V. Belk, Jr. (“Belk”) acquired 107 acres of undeveloped land in 1986.  He then transferred title to a joint venture consisting of himself, as managing member…