Bartlett v. Wayne County Board of Education Plaintiffs contend that the majority of eyewitnesses in this case testified that the responding officer’s diagram depicting the accident scene was accurate, that the diagram demonstrates plaintiffs’ “van had to have been almost directly in front of the bus at the time [the bus driver] started her turn,” and that this evidence conclusively established that the bus driver failed to yield the right-of-way to plaintiffs’ van.
Fidelity Bank v. North Carolina Department of Revenue Even though the N.C. Revenue Act uses the Internal Revenue Code to determine state net income, and even though the Code treats “market discount income” on U.S. Treasury bonds as interest for purposes of the Code, under the N.C. Revenue Act market discount income on U.S. Treasury bonds is treated as income rather than interest.
Apex Tool Group, LLC v. Ingersoll-Rand Co. Neither plaintiff nor the individual defendants are Texas residents; nevertheless, each of the individual defendants’ employment agreements includes an unambiguous and mandatory forum selection clause, which says any lawsuit involving the agreement must be brought in Harris County, Texas. The employment agreements were entered into by plaintiff’s predecessor and the individual defendants, who apparently did not live in Texas when they entered into the contracts and thus apparently anticipated interstate travel in the event of a trial.
Robinson v. Deutsche Bank National Trust Co. Defendant bought plaintiff’s home in a foreclosure sale in June 2012. Plaintiff has not shown a likelihood of success as to the only equitable remedy she seeks – a constructive trust – therefore, plaintiff is not entitled to a preliminary injunction enjoining her eviction from the home.
BOGNC, LLC v. Cornelius NC Self-Storage LLC Plaintiffs allege that defendants Walton, Rorie and White conspired to rig the foreclosure on a promissory note made by nominal defendant Cornelius NC Self-Storage LLC, benefitting the defendant-LLC members financially at the expense of the plaintiff-LLC members and Cornelius LLC. Plaintiffs allege defendants concealed Cornelius LLC’s financial information, resulting in a lower price being paid for the note in foreclosure, causing a higher deficiency against plaintiffs and Cornelius LLC.
Karimi v. Holder The 4th Circuit grants an Afghan citizen’s petition for review of a final order of removal, and says the government failed to prove that his act of “grabbing” the hand of a police officer who was processing his Maryland DUI charge was not a “crime of violence” and thus an “aggravated felony” that would trigger his removal under federal immigration law.
K.C. v. Shipman In this case involving a cutback in Medicaid services to a class of North Carolina recipients with severe developmental disabilities, the 4th Circuit dismisses an appeal of a preliminary injunction ordering the state Medicaid agency not to reduce services without a hearing; the state agency that administers the Medicaid program has not joined in this appeal filed by the contract healthcare provider that manages the services and its director.
U.S. v. Grant A district court abused its discretion in adding as a special condition to defendant’s sentencing order an obligation to turn over any tax refund as part of her restitution for illegal receipt of social security payments, and the 4th Circuit vacates the order setting the special condition.
Branigan v. TD Bank NA In a “Chapter 20” bankruptcy case – a Chapter 13 bankruptcy filed within four years of a Chapter 7 discharge – there is no per se rule barring lien-stripping, and the 4th Circuit affirms an order stripping off liens secured by collateral with no value to support them in this suit involving debtors’ residences
Thrush v. Jones Once the clerk of court entered default, the clerk was not authorized by N.C. R. Civ. P. 60 to set aside the entry of default.
