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Recent Articles from Keith Shannon
Civil Rights – No Claim for Denial of Student-Teaching Credit
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 license because of a dispute with her student-teacher supervisor and an alleged lack of support […]
Search & Seizure – Suspect’s ‘Security Check’ Supported Terry Frisk
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 as the only person in the area, were entitled to detain defendant when he reached […]
Immigration – No Waiver for False Asylum Claim
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 passport and who admitted he had submitted a false asylum claim but said he was […]
Criminal – Recordings Showed Analogue Substance ‘Knowledge’
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 controlled substance analogues improperly omitted state-of-mind elements, the 4th Circuit says omission of the jury […]
Criminal – No ACCA Sentence for Common-Law Robbery
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 said defendant was a convicted felon in possession of a gun driving a white Lincoln […]
Real Property – Taking – Specificity of Deed Description
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 of defendant owners’ property. Owners disputed the size of the tract sought, claiming that the […]
Labor and Employment – Whistleblower Act – Right to Punitive Damages – Statute of Limitations -Exhaustion of Administrative Remedies
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 punitive damages under the N.C. Whistleblower Act on claims involving denial of tenure and a […]
Civil Practice – Standing – Rule 12(b)(1) – Casual Connection – Actual Injury – Statute of Limitations
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 “pay to play” scheme in connection with the awarding of airport transportation contracts, claiming that […]
Civil Practice – Interlocutory Appeal – Entry of Default Judgment on Counterclaims
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 past the 30-day deadline to respond. We reverse the trial court’s judgment and remand for […]
Banks and Banking – Assignment of Note – Status of “Holder”
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 of the subject real property in satisfaction of the debt and recovery of principal, interest […]
Bankruptcy – Foreclosure – Confirmation of Bankruptcy Plan – Condition Precedent
In Re Smith (Lawyers Weekly No. 012-116-16, 8 pp.) (Martha A. Geer, J.) Appealed from Columbus County Superior Court (Gale M. Adams, J.) N.C. App. Unpub. Holding: Following the dismissal of respondent debtor’s Chapter 11 bankruptcy for failure to meet the terms and conditions of the plan, petitioner creditor attempted to foreclose, claiming that its […]
Criminal Practice – Motion to Dismiss – Testimonial Evidence – Sixth Amendment Right to Confront Witnesses
State v. McKiver (Lawyers Weekly No. 011-180-16, 22 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court (Benjamin G. Alford, J.) N.C. App. Holding: Information obtained by police via an anonymous 911 call and a call back to the same anonymous individual formed the basis of arrest of defendant and amounted to testimonial […]
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
