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Recent Articles from North Carolina Staff Reporter
Criminal—Civil trial win is no bar to criminal prosecution
In an issue of first impression, the court held that a defendant who persuaded a jury in a civil False Claims Act case that he did not defraud the government could not use that success as a shield against criminal prosecution for the same conduct because the government did not intervene in the civil action. […]
Securities—Proxy statement warnings made omissions immaterial
Where a proxy statement given to shareholders to secure approval for a merger specifically warned that the financial information provided in the statement might be outdated and would not be updated, the shareholders could not claim that the failure to provide updated financial information rendered the proxy statement false and misleading. Background AR Global Investments […]
Labor & Employment – Employee Work-Product Contract – Asset Purchase – Continued Employment
As part of its 2007 purchase of the assets of Addison Whitney, Inc., inVentiv Health, Inc., acquired Employee’s Agreements as to Work Product (EAWPs) signed by three of the defendants. When inVentiv’s successor entity, plaintiff Addison Whitney, LLC, employed those defendants – without entering into new EAWPs – the LLC had the right to enforce […]
Contract – City failed to appropriate funds for golf course rent
Where a public authority’s obligation to repay bonds was conditioned of its receipt of rent from the city, and the city’s payment of that rent was conditioned on the appropriation of funds that were not, ultimately, appropriated, neither the city nor the authority could be sued for breach of contract. Background In 2003, at the […]
Criminal Practice – Evidence – Hearsay – Co-Conspirator Exception – Attempted Sale of Counterfeit Substance
Even if a drug dealer’s men disobeyed him and, instead of bringing actual cocaine to an arranged buy, brought counterfeit cocaine to sell to an undercover police detective, since either sale would have been an unlawful act, there was still a conspiracy, which allowed the trial court to admit evidence of the dealer’s statement […]
Beasley formally sworn in as chief justice
The North Carolina Supreme Court officially has a new chief justice. Cheri Beasley was formally invested as chief justice at a swearing-in ceremony March 7 at the Supreme Court in Raleigh. Beasley, the 29th chief justice in the court’s history, was appointed by Gov. Roy Cooper to fill the vacancy created by the resignation of […]
Criminal Practice – Statutory Rape – Penetration – Exploitation of a Minor – Nude Photo
Where the minor victim testified that defendant touched her in her “vaginal area,” that he “grabbed [her] legs open” and “tried to touch [her] vagina,” and that he was able to touch her “between” her labia before giving up after she repeatedly pushed him away, reasonable jurors could have concluded that the state presented sufficient […]
Criminal – Strip search of passenger did not violate the Fourth Amendment
Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and there was a reasonable justification for the officer’s conduct. Background On the night of April […]
Civil Practice – Statutes of Limitations – Contract – Tort/Negligence – Professional Negligence – Accounting Consultants
Where plaintiff alleges an accountant-client or auditor-client relationship with defendant, and where plaintiff’s claim arises from alleged negligence in defendant’s provision of professional services (i.e., allowing two of plaintiff’s four employees to loot $4 million from the company), G.S. § 1-15(c) applies to plaintiff’s claim for negligent misrepresentation. However, like fraud, gros[...]
Contract-Promissory Note – Signatory’s Capacity – Guaranty – Vets & Practice
College Road Animal Hospital, PLLC v. Cottrell (Lawyers Weekly No. 14-07-0881, 23 pp.) (Sam Ervin IV, J.) Appealed from New Hanover County Superior Court (Paul Jones, J.) N.C. App. Holding: Although both the plaintiff-veterinarian and the defendant-veterinarian signed the promissory note, it is unclear in what capacity they signed since the plaintiff-veterinary practice was clearly […]
Real Property-Deed – Set Aside – Undue Influence – Trusts & Estates
Smith v. McKinnon (Lawyers Weekly No. 14-16-0865, 18 pp.) (Rick Elmore, J.) Appealed from Cumberland County Superior Court (C. Winston Gilchrist, J.) N.C. App. Unpub. Holding: Shortly before his aunt was diagnosed with dementia, defendant took the aunt away from the home of the niece she lived with, kept her at his house for a […]
Top Legal News
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
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
