North Carolina Lawyers Weekly

Kerr v. Marshall University Board of Governors (Lawyers Weekly No. 001-093-16, 42 pp.) (Duncan) No. 15-1473, May 24, 2016; USDC at Charleston, W.Va. (Johnston, J.) 4th Cir. Holding: A lawyer who left her master’s program for a West Virginia teacher’s ...

Tagged with: student

U.S. v. Foster (Lawyers Weekly No. 001-092-16, 31 pp.) (Diaz) No. 15-4319, May 24, 2016; USDC at Wheeling, W.Va. (Bailey, J.) 4th Cir. Holding: Police responding to a report of a gunshot in a high-crime area at night, finding defendant ...

Tagged with: search and seizure

Ndibu v. Lynch (Lawyers Weekly No. 001-091-16, 10 pp.) (Traxler) No. 14-2250, May 19, 2016; On Petition for Review. 4th Cir. Holding: Petitioner, a citizen of the Democratic Republic of the Congo who entered the U.S. on a phony Canadian ...

Tagged with: Asylum

U.S. v. McFadden (Lawyers Weekly No. 001-090-16, 25 pp.) (Keenan) No. 13-4349, May 19, 2016; On Remand from USSC. 4th Cir. Holding: On remand from the U.S. Supreme Court, which said the jury instructions at defendant’s trial for distribution of ...

Tagged with: controlled substance

U.S. v. Gardner (Lawyers Weekly No. 001-089-16, 20 pp. (Keenan) No. 14-4533, May 18, 2016; USDC at Greenville, N.C. (Fox, J.) 4th Cir. Holding: Police were entitled to stop defendant’s vehicle based on a tip from a reliable informant who ...

Tagged with: robbery

N.C.D.O.T. v. Herman (Lawyers Weekly No. 012-119-16, 11 pp.) (Rick Elmore, J.) Appealed from Ashe County Superior Court Superior Court (David L. Hall, J.) N.C. App. Unpub. Holding: Plaintiff Department of Transportation brought an action for taking of a portion ...

Tagged with: Taking

Tseng v. Martin (Lawyers Weekly No. 012-115-16, 13 pp.) (Robert N. Hunter, Jr., J.) Appealed from Guilford County Superior Court (John O. Craig III, J.; Lindsay R. Davis, Jr. J.) N.C. App. Unpub. Holding: When employee brought an action seeking ...

Tagged with: Whistleblower

Universal Cab Co. v. City of Charlotte (Lawyers Weekly No. 12-118-16, 31 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court (Louis A. Bledsoe, Jr., J.) N.C. App. Unpub. Holding:  Plaintiff cab company brought this action alleging a ...

Tagged with: standing

Rodriguez v. Beckwith (Lawyers Weekly No. 012-120-16, 6 pp.) (Richard Dietz, J.) Appealed from Swain County Superior Court (Kristina L. Earwood, J.) N.C. App. Unpub. Holding:  Trial court entered default judgment on counterclaims, where plaintiff’s reply to counterclaims was well ...

Tagged with: appeal

U.S. National Bank Association v. Pinkney (Lawyers Weekly No. 012-117-16, 12 pp.) (J. Douglas McCullough, J.) Appealed from Forsyth County Superior Court (Patrice A. Hinnant, J.) N.C. App. Unpub. Holding:  Plaintiff creditor brought this action against defendant debtors seeking sale ...

Tagged with: 'credit' creditor