North Carolina Lawyers Weekly

A medical malpractice claim for injuries sustained during childbirth did not accrue until the child’s second birthday because unrebutted expert testimony indicated that the cause of the injury could not have been determined before that date. Background Erick, a minor ...

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 ...

Where the government failed to demonstrate that booking.com was a generic term that could not be trademarked, and Booking.com demonstrated that the descriptive term has gained a secondary meaning, the website is entitled to a trademark. Background Booking.com operates a ...

Although the defendant’s original plea agreement mistakenly sentenced him as an armed career criminal, it was not necessary to reduce his sentence on the other counts as the sentence given on those counts still upheld the benefits the defendant bargained ...

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...

  After the minor child “Nancy’s” father died, Nancy’s paternal grandparents initiated a custody action against Nancy’s mother, and the grandparents were awarded custody. Even though the mother later died, that action did not abate. Rather than filing a new ...

Although the plaintiff-appellant’s violations of the North Carolina Rules of Appellate Procedure were non-jurisdictional, the violations were numerous and so substantial that they impaired our ability to conduct meaningful appellate review. Appeal dismissed. Plaintiff’s appeal violates at least eight mandatory ...

Despite a recent U.S. Supreme Court decision that plaintiff claims changed the law under which his case was decided, once the North Carolina Supreme Court upheld summary judgment for defendants, plaintiff’s case was over, and the trial court had no ...