North Carolina Lawyers Weekly

By Nick Hurston  The 4th U.S. Circuit Court of Appeals has upheld the dismissal of a military servicemember’s claim that the financing of additional insurance as part of his car loan wasn’t for “the express purpose” of purchasing the car ...

Tagged with: Loans

By Alexis Narducci  An important question when asserting a constitutional claim against a government is when to file the claim, especially when the filing may have consequences for the plaintiff’s ongoing relations with the government or might result in government ...

Tagged with: takings clause

By Kate Ahern  Our industry has seen concerning associate attrition over the past few years, highlighting associate retention as a significant market pressure on firms going forward.    Law firms are struggling to attract and retain dedicated, motivated, reliable associates who ...

Tagged with: Commentary

By Troy Shelton   “You’re not going to believe this,” Justice Richard Dietz recalls telling his former colleagues. “It’s true: They really are busy.”   Before joining the North Carolina Supreme Court this year, Dietz and his colleagues on the Court of ...

Tagged with: Justice Richard Dietz

By Jason Boleman  The U.S. Court of Appeals for the Fourth Circuit announced new local rules for judicial conduct and judicial disability on April 13.  The new rules, effective May 31 “subject to revision in light of any comments received,” ...

Tagged with: 4th Circuit

By Nick Hurston  A district court clearly erred when it assumed that an inference of sex discrimination necessarily followed when an employee proved a prima facie case of disparate treatment and their employer’s explanation wasn’t credible, the 4th U.S. Circuit ...

Tagged with: 4th Circuit

By Troy Shelton   As an appellate attorney, my business is understanding the business of trial attorneys. But I encounter recurring misunderstandings about appeals and appellate referrals. Here’s why those beliefs are mistaken.    Misconception 1: If I refer the appeal, I’ll ...

Tagged with: Appellate Courts

By Kevin S. Elliker  In April 1865, as Ulysses S. Grant and the Union army made their way into the Confederate capital of Richmond, fleeing rebel soldiers set fire to bridges and warehouses. That fire quickly spread out of control ...

Tagged with: 4th Circuit

By Jason Boleman A federal court declared a town’s ban on livestreaming certain interactions may not survive First Amendment scrutiny, and that a plaintiff who was barred from livestreaming an interaction due to the policy “plausibly alleged” a constitutional violation.  ...

Tagged with: police

By Nick Hurston  The 4th U.S. Circuit Court of Appeals has affirmed a products liability and warranty judgment obtained by a non-profit eye bank against two suppliers of eyewash that was later revealed to be contaminated, rendering any recovered tissue ...

Tagged with: Medical Malpractice