http://nclawyersweekly.com Tue, 22 May 2012 21:11:07 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/ http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/#comments Tue, 22 May 2012 21:11:07 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62674 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.]]> http://nclawyersweekly.com/2012/05/22/banks-banking-firrea-exhaustion-of-administrative-remedies-first-impression-fdic-receivership-purchase-tortnegligence-real-property-breach/feed/ 0 http://nclawyersweekly.com/2012/05/22/serving-subpoenas-the-social-way/ http://nclawyersweekly.com/2012/05/22/serving-subpoenas-the-social-way/#comments Tue, 22 May 2012 20:15:18 +0000 Brian Frasier http://nclawyersweekly.com/?p=62665 http://nclawyersweekly.com/2012/05/22/serving-subpoenas-the-social-way/feed/ 0 http://nclawyersweekly.com/2012/05/22/smartphone-data-now-important-in-litigation/ http://nclawyersweekly.com/2012/05/22/smartphone-data-now-important-in-litigation/#comments Tue, 22 May 2012 20:11:22 +0000 Correy Stephenson, Dolan Media Newswires http://nclawyersweekly.com/?p=62659 http://nclawyersweekly.com/2012/05/22/smartphone-data-now-important-in-litigation/feed/ 0 http://nclawyersweekly.com/2012/05/22/recognize-the-rich-value-of-an-apology/ http://nclawyersweekly.com/2012/05/22/recognize-the-rich-value-of-an-apology/#comments Tue, 22 May 2012 20:08:39 +0000 Mike Wells http://nclawyersweekly.com/?p=62657 http://nclawyersweekly.com/2012/05/22/recognize-the-rich-value-of-an-apology/feed/ 0 http://nclawyersweekly.com/2012/05/22/introducing-north-carolinas-newest-lawyers/ http://nclawyersweekly.com/2012/05/22/introducing-north-carolinas-newest-lawyers/#comments Tue, 22 May 2012 20:06:34 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62655 http://nclawyersweekly.com/2012/05/22/introducing-north-carolinas-newest-lawyers/feed/ 0 http://nclawyersweekly.com/2012/05/22/lawyers-in-the-news-574/ http://nclawyersweekly.com/2012/05/22/lawyers-in-the-news-574/#comments Tue, 22 May 2012 20:05:03 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62653 http://nclawyersweekly.com/2012/05/22/lawyers-in-the-news-574/feed/ 0 http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-search-seizure-investigatory-stop-potential-stranded-motorist-situation/ http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-search-seizure-investigatory-stop-potential-stranded-motorist-situation/#comments Mon, 21 May 2012 20:41:37 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62644 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.]]> http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-search-seizure-investigatory-stop-potential-stranded-motorist-situation/feed/ 0 http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-constitutional-attorneys-effective-assistance-opening-closing-arguments-prior-offenses-stipulation/ http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-constitutional-attorneys-effective-assistance-opening-closing-arguments-prior-offenses-stipulation/#comments Mon, 21 May 2012 20:39:33 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62642 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.]]> http://nclawyersweekly.com/2012/05/21/criminal-practice-dwi-constitutional-attorneys-effective-assistance-opening-closing-arguments-prior-offenses-stipulation/feed/ 0 http://nclawyersweekly.com/2012/05/21/prisons-jails-tortnegligence-stca-tight-handcuffs/ http://nclawyersweekly.com/2012/05/21/prisons-jails-tortnegligence-stca-tight-handcuffs/#comments Mon, 21 May 2012 20:36:05 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=62640 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.]]> http://nclawyersweekly.com/2012/05/21/prisons-jails-tortnegligence-stca-tight-handcuffs/feed/ 0 http://nclawyersweekly.com/2012/05/21/vermont-takes-symbolic-stand-with-first-fracking-ban/ http://nclawyersweekly.com/2012/05/21/vermont-takes-symbolic-stand-with-first-fracking-ban/#comments Mon, 21 May 2012 20:31:34 +0000 John Stodder http://nclawyersweekly.com/?p=62635 http://nclawyersweekly.com/2012/05/21/vermont-takes-symbolic-stand-with-first-fracking-ban/feed/ 0