By North Carolina Lawyers Weekly Staff
Published: May 19,2011
Harrington v. Wall A motion for judicial recusal, filed by the defendant in a child support case, was properly denied for lack of any substantial showing of personal bias, prejudice or interest on the part of the judge.
By dmc-admin
Published: June 14,2010
In re Mobley. (Lawyers Weekly No. 10-16-0528, 6 pp.) (Cheri Beasley, J.) Appealed from Hertford County Superior Court. (Robert H. Hobgood, J.) N.C. App. Unpub. Holding: Regardless of the verbal provocation by complainant or the long hours respondent had worked that day, respondent demonstrated blatant indifference to the law when he assaulted complaint, who was in [...]
By dmc-admin
Published: April 26,2010
In re Inquiry Concerning Judge Belk. (Lawyers Weekly No. 10-06-0373, 16 pp.) (Per Curiam) (Sarah Parker, Ch.J., not participating) N.C. S. Ct. Holding: Despite being informed that the judicial canons required him to step down from his membership on corporate boards, respondent remained active on a board of directors and misrepresented his reasons for doing so [...]
By dmc-admin
Published: January 5,2009
In re Badgett. (Lawyers Weekly No. 08-06-1167, 13 pp.) A judge must not show disrespect to parties in his courtroom and certainly must not lie to an investigator looking into the incident, admonishes the N.C. Supreme Court. 21 NCLW 0877.
By dmc-admin
Published: October 20,2008
In re Badgett. (Lawyers Weekly No. 08-06-1167, 13 pp.) (Edward Thomas Brady, J.) From the Judicial Standards Commission. N.C. S.Ct. Holding: A judge must not show disrespect to parties in his courtroom and certainly must not lie to an investigator looking into the incident. Respondent is censured and removed from the office of judge. Respondent is disqualified [...]
By dmc-admin
Published: June 23,2008
In re Marshall. (Lawyers Weekly No. 08-07-0692, 17 pp.) (Linda Stephens, J.) (Sanford L. Steelman Jr., J., dissenting) Appealed from Forsyth County Superior Court. (Michael E. Helms, J.) N.C. App. Holding: Where there was an appearance of bias on the judge’s part, it was his obligation to recuse himself from presiding over the criminal contempt proceeding [...]
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Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.
Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.
Benzing v. Tharrington-Smith, LLP Plaintiff claims that defendants wrongfully obtained a background check on him for use in domestic violence and child custody matters. Plaintiff’s allegations state a claim under the Fair Credit Reporting Act, so this court has federal question jurisdiction.
Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.
An “empty chair” alienation of affection case that resulted in a $30 million award tops the list of North Carolina Lawyers Weekly’s annual roundup of the year’s top verdicts and settlements. The 2011 list comprises the 25 of $1.5 million or more that were reported to Lawyers Weekly during the year.
As American Bar Association leaders consider more exacting standards for law schools for reporting post-graduate salary and employment information, a new round of class action suits is ratcheting up the pressure on schools and the ABA to address allegations of fraud and misrepresentation.
North Carolina’s largest law firm grew by three lawyers, one city and an unknown number of Palmetto state political connections last week when Winston-Salem-based Womble Carlyle merged with the boutique firm Hall & Bowers of Columbia.
The American Bar Association in February will be asked to endorse a proposed uniform law aimed at new standards for state government websites that host legal materials. The Uniform Electronic Legal Materials Act (UELMA) is proposed by the Uniform Laws Commission to address a trend, still in its infancy, of shuttering public printers and posting [...]
