North Carolina Lawyers Weekly
Before his election to the board of county commissioners, Commissioner Permenter vocally opposed the solar farm proposed by petitioners. Once Permenter was elected, when this matter came before the board, he presented biased, one-sided and incomplete evidence opposing petitioners’ application ...
Read More »Municipal – Constitutional – Due Process – Zoning – Solar Farm – Commissioner’s Bias
Medical Malpractice Plaintiff’s own experts said doctor didn’t violate standard of care 
After testimony from the plaintiff’s own experts confirmed the doctor’s decision to transfer the infant to a higher level of care within the hospital was not a violation of the standard of care, the court reversed a multi-million dollar judgment ...
Read More »Tort/Negligence – Tortious Interference with Prospective Economic Advantage – First Impression – Misrepresentations – Blasting Hazards – Antitrust –Multi-Part Contract
The fact that our courts classify blasting as an ultrahazardous activity does not mean that the dangers of blasting cannot be overstated, as plaintiff alleges its neighbors did in order to thwart plaintiff’s sale of its land so defendants ...
Read More »Constitutional Gag clause in settlement agreement violates First Amendment
Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...
Read More »Constitutional Emoluments suit against President Trump dismissed
After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...
Read More »Constitutional Maryland and DC lack standing to sue president in emoluments suit
President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...
Read More »Tort Court dismisses claims against Navy officers and DoD personnel
The defendants were acting within the scope of their employment when they investigated complaints that plaintiff abused and neglected his three minor children while stationed on an overseas military base. Background Barry Doe claims officers of the United States ...
Read More »Consumer Protection Defendants invoke sovereign immunity to avoid consumer protection suit
Two entities formed by the Lac Vieux Desert Band of the Lake Superior Chippewa Indians cannot be sued for allegedly issuing payday loans with unlawfully high interest rates because, as arms of the tribe, they enjoy sovereign immunity. Background The ...
Read More »Domestic Relations – DVPO Violation – Text Messages – Child Custody – Evidence – Emotional Distress – Acts of Domestic Violence
Where (1) the defendant-father was subject to a court order to have no contact with the plaintiff-mother as a result of his prolonged egregious behavior and (2) defendant had no custody of the parties’ children, defendant’s text messages to ...
Read More »Criminal Practice – Search & Seizure – Search Warrant – Defendant’s Hom
Where defendant set up a date with a high school classmate, did not appear to have an emotional reaction when the two of them were held up at gunpoint, and had lied to her classmate that she lived with ...
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