Michele M. Glessner has joined Moore & Van Allen as a member of the firm’s intellectual property group in its Charlotte office. Glessner counsels clients on complex trademark, patent, copyright, and other intellectual property issues. She was previously a partner ...
Read More »Lawyers in the News – Feb. 28
Immigration – BIA erred when it interpreted ‘unambiguous’ rule 
Where a regulation requires the Department of Homeland Security or DHS, to notify an applicant of the need to provide biometrics, such as photographs and fingerprints; provide the applicant with a biometrics notice and provide instructions for producing biometrics, the ...
Read More »Civil Practice – Plaintiff lacks standing to challenge Israel-boycott order 
Where a man sued the Maryland governor and attorney general over an executive order that he interpreted as prohibiting him from bidding on state procurement contracts due to his personal boycotts of Israel-tied products, but the executive order only prohibited ...
Read More »Arbitration – Bank customer avoids arbitration of residential mortgage dispute 
Where a customer alleged his bank violated the Truth in Lending Act, or TILA, by using money in his deposit accounts to pay the outstanding balance on a Home Equity Line of Credit or HELOC, the bank could not compel ...
Read More »Arbitration – Dispute over trust agreement’s coverage isn’t arbitrable 
Where parties to a trust agreement disputed which employers were covered by the agreements, neither the statute nor the trust agreement required the dispute to be arbitrated. Background Under the Labor Management Relations Act, unions and management can enter into ...
Read More »Administrative – Jurisdiction found lacking over Navy contractor’s suit 
Where a federal contractor sought clarification on whether the nature of its Navy service contract made it subject to California’s labor laws, the suit was dismissed because the contractor failed to satisfy the exhaustion requirements of the Contract Disputes Act ...
Read More »Civil Practice — Personal Jurisdiction – Specific Jurisdiction – Florida Horse Sale 
This dispute involves a buyer who traveled to Florida, negotiated to buy a horse in Florida, and then took possession of the horse in Florida before bringing it to North Carolina. The sellers later arranged for another horse to be ...
Read More »Criminal Practice — Constitutional – Right to Silence – State’s Evidence – Harmless Error 
Despite defendant’s assertion that she would rely on the affirmative defense of duress, the state should not have introduced evidence of her silence at the time of her arrest. Nevertheless, the trial court’s admission of a single reference to defendant’s ...
Read More »Criminal Practice — Voluntary Intoxication – Intent – Handgun – Chain of Custody 
Before he shot victim Smith, defendant had been drinking for more than six hours and had acted recklessly in displaying a gun in front of a child; after the shooting, he went to a friend’s house and honked the horn ...
Read More »Domestic Relations — Parent & Child – Custody – Constitutional – Grandparents’ Intervention 
While the intervenor-paternal grandparents’ allegations about (1) their granddaughter’s fear of her plaintiff-mother, (2) the mother’s frequent moves and job changes, and (3) the defendant-father’s pending criminal charges, unemployment, and transportation of the child without a seatbelt were sufficient to ...
Read More »