North Carolina Lawyers Weekly

Jul 7, 2026

Criminal Practice – Career-Offender Enhancement – Two Predicate Convictions

Although the district court mistakenly applied a career-offender enhancement, the error was harmless because the court would have imposed the same substantively reasonable sentence based on the §3553(a) factors. We […]

Jul 7, 2026

Civil Practice – Sovereign Immunity Defense – Finality of Earlier Judgments

The 2021 decision reopening the litigation was an abuse of discretion We reversed that ruling, vacated the 2024 order denying sovereign immunity, and remanded with instructions. This appeal marked the […]

Jul 7, 2026

Corporate – Operating Agreement – Management and Disposition of Company

Defendant did not breach the Golden Rooster, LLC operating agreement and remains a member, as all her disputed actions were taken in good faith and under legal advice. We entered […]

Jul 7, 2026

Corporate – Unfair Trade Practices – Tortious Interference

Plaintiffs’ allegations of unfair trade practices, tortious interference, conversion, computer trespass, constructive trust, and punitive damages were legally insufficient and lacked factual specificity. We granted Defendants’ motion to d[...]

Jul 7, 2026

Taxation – Taxable Sales – Bargained-for Consideration

Asphalt Emulsion Industries’ transfers of asphalt emulsion to affiliated companies were not taxable sales because they lacked bargained-for consideration. We affirmed the ALJ’s Final Decision. We addressed a petition for […]

Jul 7, 2026

Civil Practice – Personal Jurisdiction – Sufficient Contacts with the Forum State

Defendant had sufficient contacts with the state to establish personal jurisdiction that the executor of the decedent’s estate adequately pleaded a claim for intentional infliction of emotional distress arising from […]

Jul 7, 2026

Trusts & Estates – Ownership of Restrained Assets – Funds in a Brokerage Account

Defendant is the sole and rightful owner of the restrained brokerage assets. We granted the summary judgment motion, denied the motion to amend, and granted in part and denied in […]

Jul 7, 2026

Real Property – Restrictive Covenants – Vertical and Horizontal Privity

The property owners association sufficiently stated a claim that Slocum Mountain Real Estate, LLC violated restrictive covenants affecting the Farmhouse Tract. We affirmed the dismissal of claims against individual defendants […]

Jul 7, 2026

Criminal Practice – Admission of 1996 Convictions – Constitutional Right to a 12-Person Jury

While the trial court erred in admitting Defendant’s decades-old convictions under Rule 609(b), the error was not prejudicial, and his right to a 12-person jury was upheld. We affirmed the […]

Jul 7, 2026

Criminal Practice – Possession of a Firearm by a Felon – Exclusion of Airsoft Gun

We found no error in the trial court’s rulings on sufficiency of the evidence, exclusion of an airsoft gun, or the constitutionality of North Carolina’s felon-in-possession statute. We affirmed Defendant’s […]

Jun 18, 2026

Labor & Employment – Employee Pension Benefit Plan – Long-Term Incentive Compensation Program

Merrill Lynch’s WealthChoice Award program does not qualify as an “employee pension benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA). We affirmed summary judgment in favor […]

Jun 18, 2026

Criminal Practice – Sentencing Range – Unambiguous Guideline Text

We rejected both a constitutional challenge to 18 U.S.C. § 922(g)(1) and a claim that the district court miscalculated the defendant’s sentencing range under the U.S. Sentencing Guidelines We affirmed […]