Free Newsletter
Domestic Relations – Termination of Parental Rights – N.C. Gen. Stat. §7B-1111(a)(11) – Sexually Related Offense – N.C. Gen. Stat. §14-202.1(a)(1) – Indecent Liberties with a Child
The trial court properly terminated Father’s parental rights because Father was convicted of a sexually related offense and because the relations that resulted in the conception of the subject child also led to Father’s conviction under N.C. Gen. Stat. Chapter 14. The trial court did not commit error in terminating Father’s parental rights. Father appealed […]
Tort/Negligence – Immunity from Liability – N.C.G.S. §122C-210.1 – Gross Negligence
A plaintiff in a malpractice case must allege gross negligence by a covered defendant to overcome the immunity from liability established by the legislature in N.C. Gen. Stat. §122C-210.1. The trial court’s orders denying plaintiff’s motion for leave to amend and for summary judgment in favor of defendants are affirmed. Plaintiff, as administrator of her […]
Domestic Relations – Child Custody – Motion to Modify Custody – Substantial Change of Circumstances – Previously Disclosed Circumstances – Injuries to Child
The trial court improperly considered previously disclosed, considered, and addressed events when issuing a Second Custody Order. Without the previously considered evidence, the court’s findings were inadequate to support a conclusion that a substantial change in circumstances had occurred. We vacate the trial judge’s order and remand for entry of an order concluding a substantial […]
Criminal Practice – First-Degree Murder – Premeditation and Deliberation – Acts Subsequent to the Killing – Improper Closing Arguments by the State — Prejudice
Substantial evidence supports defendant’s conviction based on premeditation and deliberation. The trial court did not err by admitting numerous gruesome photographs of the body, and the alleged errors contained in the prosecutor’s closing argument did not prejudice defendant. We uphold defendant’s conviction of first-degree murder. Defendant admitted at trial, through counsel, to having kill[...]
Corporate – Derivative Claim – Reasonable Expenses – Attorneys’ Fees – Breach of Fiduciary Duty
As plaintiffs’ derivative claim was brought for an improper purpose, plaintiffs must pay defendants’ reasonable expenses, including attorneys’ fees, incurred to defend against the derivative claim for breach of fiduciary duty. We grant defendants’ motion for payment of expenses, including attorneys’ fees, in part. Plaintiffs, shareholders in defendant Blue Gem Inc., a closely held corpor[...]
Civil Practice – Attorneys’ Fees – Meritless Claims – Lanham Act – North Carolina Unfair and Deceptive Trade Practices Act – North Carolina Trade Secrets Protection Act
Defendants are entitled to attorneys’ fees as plaintiff’s continued litigation of its Lanham Act claim after the close of discovery was objectively unreasonable. We grant, in part, defendants’ motion for attorneys’ fees. Defendants sought attorneys’ fees and costs under N.C.G.S. §§6-21.5, 66- 154(d), 75-16.1, and 15 U.S.C. § 1117(a) on grounds that plaintiff initiated and […]
Civil Practice – Withdrawal of Summary Judgment Motion – Motion Rendered Moot – Completion of Discovery
Plaintiff’s withdrawal of its summary judgment motion, in reliance on our oral ruling that we would grant defendant’s motion to stay the period within which defendant must respond to the motion, rendered defendant’s motion moot. We deny defendant’s motion as moot. In 2021, defendant Zaelab LLC entered into a signed letter agreement with plaintiffs, limited […]
Tort/Negligence – Public Official Immunity – Motion to Dismiss – Individual Capacity – Principal as State Employee
The trial judge erred by denying defendant high school principal’s Rule 12(b)(6) motion to dismiss a negligence action asserting public official immunity. We reverse the trial judge’s order and remand for entry of an order granting defendant’s motion to dismiss. Defendant Timisha Barnes-Jones appealed the denial of her Rule 12(b)(6) motion to dismiss, in which […]
Domestic Relations – Equitable Distribution – Classification of Property – Marital Property
The trial court properly concluded the disputed lots were plaintiff’s separate property. Defendant failed to meet his burden to establish a marital component attributable to active appreciation. Furthermore, we affirm the trial court’s classification of the disputed vehicles and marital debt. We affirm the trial court’s equitable distribution judgment. Defendant John Kyle executor of his [&h[...]
Criminal Practice – Motion to Suppress – Motion to Dismiss – Constructive Possession – Spontaneous Statement
The trial court did not err by denying defendant’s motion to suppress because the trial court’s findings of fact resolved the material conflicts in the evidence and are supported by competent evidence, and those findings of fact support its conclusions of law. Further, the court did not err by denying defendant’s motion to dismiss because […]
Criminal Practice – Habitual Felon – Sentencing Enhancements – Prior Record Level – Substantial Similarity – Out of State Convictions
The trial court properly concluded federal carjacking is a substantially similar offense to the North Carolina offense of common law robbery, a Class G Felony. Defendant was sentenced as a Habitual Felon at the proper prior record level and has not demonstrated error by the trial court’s classification to warrant re-sentencing. Defendant received a fair […]
Criminal Practice – Probation Violation – Probation Extension – Good Cause – Active Sentence – Condition of Special Probation
The trial court erred by extending defendant’s probation after his probationary term had expired, absent a specific finding of good cause. Furthermore, the court erred by ordering defendant to serve an active term as a condition of special probation. Accordingly, we vacate the order and remand the case to the trial court to determine whether […]
Top Legal News
- O’Connor, first woman on US Supreme Court, has died at 93
- Judicial activists subpoena vote splits Judiciary Committee
- Judges block GOP’s election board changes
- Federal judge blocks first TikTok app ban
- Wisconsin unions sue to reverse bargaining limits
- Justices seem doubtful of SEC’s authority
- $120M judgment entered against failed dam’s owner
- Minneapolis stores where Floyd was killed sue city
- Bessie Sorge: Finding her passion as a freelance paralegal
- Teen charged as juvenile in fatal stabbing at school
- Star’s handwritten will used to distribute real estate
- Families offer to settle Jones’ $1.5B legal debt
Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- 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
