Domestic Relations – Child Custody – Parent Relocating to Foreign Jurisdiction
The permanent child custody order failed to resolve key disputed issues and did not contain sufficient findings to demonstrate that the decision served the child’s best interests. We vacated and […]
Domestic Relations – Temporary Child Support Order vs. Permanent Child Support Order – Prior ‘Closed’ Docket Entries
The trial court wrongly treated prior temporary child support orders as permanent and failed to relate support back to the 2020 filing date without findings but properly relied on the […]
Labor & Employment – ‘Qualified Individual’ Under the ADA – Reasonable Accommodation
Defendant was not a “qualified individual” under the ADA because his medical restrictions prevented him from performing the essential functions of his job with or without reasonable accommodation. We affirmed […]
Criminal Practice – Constructive Possession – Obstruction-of-Justice Enhancement
We found no abuse of discretion or clear error in the evidentiary rulings, sufficiency determinations, or sentencing enhancements, We affirmed the convictions and 480-month sentence for drug- and firearms-related offenses. […]
Criminal Practice – Automobile Exception – Warrantless Search
Although the search violated the Fourth Amendment, the exclusionary rule did not apply because the trooper acted with probable cause and in good faith. We affirmed the trial court’s denial […]
Contract – Asset Purchase Agreement – Fixed Costs and Families Grants
Defendant’s interpretation of COVID-related grants as non-recurring revenue under an Asset Purchase Agreement was a proper exercise of contractual discretion, and denied the plaintiffs’ claims for breach of contract, breach […]
Criminal Practice – Distinguishing Presentment and Indictment – Fatal Variance
The Superior Court had jurisdiction based on a grand jury presentment followed by indictment and the State did not need to prove Defendant intentionally left his lane where his speeding […]
Tort/Negligence – Dental Malpractice – Lack of Proximate Cause
Plaintiff failed to forecast competent expert evidence establishing that any alleged breach of the standard of care proximately caused a delayed cancer diagnosis or worsened outcome. We affirmed summary judgment […]
Domestic Relations – Servicemembers Civil Relief Act – Custody Modification
We held for the first time in North Carolina that the Servicemembers Civil Relief Act required a mandatory stay when Father was unavailable due to military service. We reversed the […]
Domestic Relations – Equitable Distribution – Divisible Property
The trial court erred by failing to properly address and value the post-separation passive appreciation of a marital stock account. We vacated and remanded an equitable distribution order for the […]
Arbitration – Motion to Compel Arbitration – Contract Interpretation
The contract’s arbitration clause applied only to disputes seeking specific performance, not Plaintiff’s damages claim, and because Defendant failed to respond to requests for admissions admitting breach and damages, summary […]
Tort/Negligence – Negligence or Causation – Wrongful Death and Medical Malpractice
Plaintiff failed to exhaust certain claims and could not prove negligence or causation even assuming the claims were timely. The Fourth Circuit affirmed dismissal of a Federal Tort Claims Act […]
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