North Carolina Lawyers Weekly

Where a direct action brought by the company was resolved in a broad release, and there was no evidence of collusion or bad faith, a derivative action asserting identical or similar claims arising out of the same underlying facts was ...

A condition of supervised release that requires a total ban on defendant’s viewing of any materials that sexually arouse him, including mainstream media like movies or advertisements, did not run afoul of 18 U.S.C. § 3583(d) because it was meant ...

A pro se prisoner’s claim that his rights were violated was supported by the failure of prison officials to explain the need to check his mail for contraband outside of his presence. Because the infringement of his First Amendment rights ...

Where a real estate contract was expected to close in 2008 but did not close until 2017, a suit brought by an entity entitled to receive certain expenses at closing was timely as it was filed within three years of ...

Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...

A reasonable jury could find a black homeless man who had been stopped for walking alongside, instead of on, the sidewalk, and who was shot 22 times by West Virginia police officers had been secured, or at a minimum was ...

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

Where a district court incorrectly believed that a defendant was prohibited from managing a mortgage brokerage and ordered him to disgorge money earned from the business, the disgorgement order was vacated. A prior consent order did not prevent the man ...