By Brian Frasier
Published: May 22,2012
Alternative service is a constitutional due process issue, said Nelson Miller, professor at The Thomas M. Cooley Law School, and judges considering the use of a social media site for such purposes have to balance the state’s interest in enforcing its laws and the private citizen’s interest in having his day in court.
By Correy Stephenson, Dolan Media Newswires
Published: May 22,2012
Smartphones are increasingly becoming not just useful tools for lawyers on the go, but potentially important factors in litigation.
By Mike Wells
Published: May 22,2012
There were lots of options I could have taken, but this was not one I would have ever considered at the time. But I would come to see it was really the best option. And the teacher of this lesson was the last person I would have imagined.
By North Carolina Lawyers Weekly Staff
Published: May 22,2012
Here are the names and hometowns of the people who have met the requirements to be licensed to practice law in North Carolina. They have passed the N.C. Bar Examination given in February, as well as the Multistate Professional Responsibility Examination.
By North Carolina Lawyers Weekly Staff
Published: May 22,2012
Parker Poe Adams & Bernstein in Charlotte said Thomas N. Griffin III has been elected as the firm’s managing partner. He succeeds William P. Farthing, Jr., who served in that role since 2002. Gallivan, White & Boyd said Amber A. Dorrell has joined the firm’s Charlotte office, where she will focus on the defense of [...]
By John Stodder
Published: May 21,2012
If the much-hyped dream of U.S. energy independence must involve hydraulic fracturing (also known as fracking) to extract natural gas from shale deposits deep underneath the surface of the earth, the State of Vermont wants no part of it.
By Amber Nimocks
Published: May 21,2012
The last of North Carolina’s law schools conferred degrees upon the class of 2012 on May 21, bringing the number of new law school grads in the state so far this year to 1,235. Wake Forest School of Law awarded 165 degrees on Monday, after a hooding ceremony in Wait Chapel on Sunday.
By The Associated Press
Published: May 21,2012
In a closed-door session, about 60 prosecutors from North Carolina last week learned how to fight motions filed under the Racial Justice Act.
By The Associated Press
Published: May 21,2012
A chapter of the South's desegregation struggle was resurrected last week as members of the 1970s group known as the Wilmington 10 requested pardons from North Carolina's governor, nearly 40 years after their trials.
By Melody Simmons
Published: May 21,2012
National foreclosure filings in April hit the lowest monthly total since July 2007, a new report by the data firm RealtyTrac shows.
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Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must exhaust their administrative remedies under the Financial Institutional Reform, Recovery and Enforcement Act (FIRREA) before they can seek judicial remedies.
State v. Squires When a state trooper saw a pickup truck on the side of the road after midnight and stopped to see if any assistance was needed, he was not required to leave after a person outside the truck told him everything was okay. The trooper did not impermissibly extend the stop when he checked on the driver of the vehicle.
State v. Rouse Even though, in his opening and closing statements, defense counsel referred to the arresting officers as “very good officers,” counsel did so in the context of arguing that everyone makes mistakes. Counsel could have reasonably made a tactical decision to refrain from challenging the officers’ general professionalism and competence, while still encouraging the jury to find that the officers arrested defendant on May 23, 2010 as a result of their inadvertent mistakes.
Robinson v. North Carolina Department of Correction Where plaintiff testified that, all the way around his wrist, there were “teeth marks” from too-tight handcuffs and that his wrist was bruised and swollen, but where a drawing plaintiff made to document his injuries indicated that only his left finger and thumb were swollen with no indication of bruising, discoloration, a cut or “teeth marks” laterally around his wrist, the evidence supports the Industrial Commission’s finding that plaintiff’s drawing was inconsistent with his testimony regarding his injuries.
