North Carolina Lawyers Weekly

Although there is no case authority on the standards for applying G.S. § 57D-6-03(d) – which says a court will not order dissolution of a limited liability company if members elect to purchase the interest of the complaining member “at ...

Believing that defendant Dietrich—the 51 percent member and sole manager of the defendant-limited liability company—had engaged in self-dealing and mismanagement, the plaintiff-minority LLC members asked to inspect the LLC’s records, a right given to them by the operating agreement. Even ...

Where plaintiff has offered evidence that defendants promised to repay his investment plus profits while defendants were instead planning to use plaintiff’s investment to repay other investors and then used sale proceeds to pay themselves and family members, plaintiff has ...

An investigation of wrongdoing by an employee is in the ordinary course of business. The fact that the employee was a partner in a law firm and the fact that the plaintiff-law firm hired an outside law firm to conduct ...

The court joined the Third and Sixth circuits in holding that applicants could argue the Social Security administrative law judges who heard their cases were improperly appointed, although they did not raise this issue during the agency proceedings. The decision ...

Neighbors to a commercial hog farm, who prevailed on claims that odors, pests and noises constituted a nuisance under North Carolina law, successfully defended that verdict against challenges that their suit was time-barred, that damages should have been limited by ...

Where an immigration attorney raised multiple challenges to her conviction for refusing to comply with directions from an immigration judge and a courtroom bailiff to cease distracting conduct during an immigration proceeding, the record demonstrated her conduct was sufficiently disruptive. ...

Where the employer granted several accommodations to an employee after his knee surgery, including limiting walking to four hours per day and work to eight hours per day and allowing the use of a motorized scooter, but the employee instead ...

Supplemental materials suggested the Environmental Protection Agency was arbitrary and capricious in how it treated the concept of “refining” for determining whether a small refinery was entitled to an exemption from a renewable fuel program. The documents showed the EPA ...

Joining the majority of courts and consistent with the Board of Immigration Appeals’ interpretation of the Immigration and Nationality Act, the INA does not require an immigration judge to give an alien seeking relief from removal advance notice of specific ...