North Carolina Lawyers Weekly

Even though the plaintiff-daycare pursued an administrative challenge to defendant’s 2010 disciplinary action against it, since this tort action seeks monetary damages—a remedy not available under the Administrative Procedure Act—the statute of limitations was not tolled while plaintiff pursued its ...

Although the defendant raised multiple issues on appeal, including that his trial should have been delayed, an expert should have been excluded, he was denied a right to testify and there were errors during sentencing, each of his arguments was ...

  While defendant’s arrest was unlawful, before he submitted to the arrest and while he was lawfully running away from a police officer, defendant voluntarily abandoned a firearm, which a K-9 unit later retrieved. Since defendant voluntarily abandoned the gun, ...

Where a class action lawsuit resulted in the dismissal of 10 out of 64 plaintiffs and settled for a total damages award of only 3% the initial amount sought, an award of attorneys’ fees that was almost double the amount ...

  In order for a trial court to revoke probation after the probationary term has expired, G.S. § 15A-1344(f) requires the court to find, among other things, that good cause exists to revoke probation. Where the trial court revoked defendant’s ...

  After a large tract was subdivided several times, plaintiffs ended up with two easements (one from a 1989 map and one from a 2000 map) running across their land for the benefit of defendants’ lot. The 2000 easement language ...

  Upon approaching defendant, a detective commented on the smell of marijuana. Because of the detective’s surveillance of the area, he knew defendant was lying when he said someone else had been smoking in the area before him. The odor ...

Defendant moved to suppress evidence gathered as a result of a traffic stop. Evidence of defendant’s impairment was uncontroverted, and the trial court’s reasoning in denying defendant’s motion was clear from the context. The trial court’s failure to make findings ...

Political organizations argued that an exception for debt collection under the autodialer ban in the Telephone Consumer Protection Act, or TCPA, represented unconstitutional content-based discrimination against other speech. The Fourth Circuit agreed but held that the exception was severable from ...

A garbage truck driver who was terminated for job abandonment after missing a single day of work due to illness had a valid employment discrimination claim because his performance was satisfactory, his employer’s changing rationale for the termination suggested pretext ...