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Corporate – Amotion – County Official – Removal from Office – Constitutional – Due Process (access required)

Berger v. New Hanover County Board of Commissioners The common law amotion procedure is used to remove a corporate officer from office; it has been used in North Carolina to remove municipal officials from office, the N.C. Supreme Court has not disavowed the procedure, and there is no reason it cannot be used by a county in the same way it has been used by municipalities.

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Criminal – Witness-Tampering Instruction Was ‘Harmless Error’ (access required)

U.S. v. Smith Although a jury instruction at defendant’s trial for witness tampering misstated the federal nexus required for the offense, under a 2011 U.S. Supreme Court decision that came down after defendant’s conviction became final, the jury instruction was “harmless error” and the 4th Circuit rejects defendant’s 28 U.S.C. § 2255 motion for post-conviction relief.

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Supreme Court will decide standing factors in Lanham Act claims (access required)

Supreme Court will decide standing factors in Lanham Act claims <span class="dmcss_key_icon"><img alt="(access required)" src="/files/2013/10/lock11.png" border=0/></span>

The U.S. Supreme Court has agreed to decide the factors that determine whether a party has standing to sue for false advertising under the Lanham Act. The court took up a case June 3 in which Sanford-based Static Control Components Inc., a manufacturer of component and microchips for toner cartridges, alleges that laser printer manufacturer Lexmark violated the act by falsely telling consumers that Static Control violated Lexmark’s patents and licensing agreement.

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Criminal Practice – DWI – Search & Seizure – Extension of Stop – Jury Poll (access required)

State v. Burroughs In a civil suit, Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970), our Supreme Court said an odor of alcohol standing alone is no evidence that one is under the influence of an intoxicant; however, in order to extend the length of a traffic stop, the arresting officer here needed only sufficient articulable facts to form a reasonable belief that defendant was committing the criminal violation of driving while impaired.

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Arbitration – Contract – Apparent Authority – Nursing Home – Daughter’s Signature – Wrongful Death – 12(b)(6) Standard (access required)

Bookman v. Britthaven, Inc. : As defendant presented evidence that would allow, but not require, a finding that the decedent’s husband and daughter had apparent authority to agree to arbitration of disputes, the trial court was required to make findings of fact and conclusions of law resolving that issue.

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