Holding: In its trade secrets misappropriation claim, plaintiff has sufficiently identified the menu items defendant is accused of misappropriating; the complaint need not allege the specific recipes for these menu items.Read More »
Holding: Although the secured creditor’s claim is for $3,256,020.67 while the collateral is valued at only $432,575, since the value of the creditor’s lien is approximately 13 percent of the value of its total claim, the court cannot say that the collateral is “of inconsequential value” within the meaning of 11 U.S.C. § 1111(b)(1)(B)(i).Read More »
Search & Seizure – Excessive Force – Exceeding Scope of Consent – Tort/Negligence – Emotional Distress
Holding: Although defendants hotly contest plaintiff Rhodes’ story, there is a material issue of genuine fact as to whether defendants used excessive force based on Rhodes’ version of events, leading to Rhodes’ injury during a search for stolen goods.Read More »
Criminal Practice – DWI – Expert Testimony – Retrograde Extrapolation – Average & Midpoint – Field Sobriety Tests
State v. Turbyfill (Lawyers Weekly No. 15-07-0853, 22 pp.) (Wanda Bryant, J.) Appealed from Buncombe County Superior Court (Jeffrey Hunt, J.) N.C. App. Holding: Even though an expert in retrograde extrapolation misused the terms “midpoint” and “average” as synonyms when ...
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State v. Pender (Lawyers Weekly No. 15-07-0852, 22 pp.) (Martha Geer, J.) Appealed from Franklin County Superior Court (George Collins Jr., J.) N.C. App. Holding: Since defendant had custodial rights with respect to his children, he could not be convicted ...
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Civil Practice – Collateral Estoppel – Identity of Parties – Lassiter Exception – Condos & Townhomes
Lancaster v. Harold K. Jordan & Co. (Lawyers Weekly No. 15-07-0850, 17 pp.) (Douglas McCullough, J.) Appealed from New Hanover County Superior Court (John Jolly Jr., J.) N.C. App. Holding: Plaintiffs are collaterally estopped from litigating essentially the same claims ...
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In re M.P.M. (Lawyers Weekly No. 15-07-0847, 31 pp.) (Donna Stroud, J.) (John Tyson, J., dissenting) Appealed from Guilford County District Court (Michelle Fletcher, J.) N.C. App. Holding: Where the respondent-father appeared to be more concerned about the feelings of ...
Tagged with: parental rightsRead More »
Schools & School Boards – Constitutional – Penalties & Forfeitures Clause – Improper Equipment Surcharge – Prisons & Jails
Richmond County Board of Education v. Cowell (Lawyers Weekly No. 15-07-0851, 13 pp.) (Chris Dillon, J.) Appealed from Wake County Superior Court (W. Osmand Smith III & Michael Morgan, JJ.) N.C. App. Holding: A $50 surcharge paid by those convicted ...
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