North Carolina Lawyers Weekly

Where Justin Fairfax, the Virginia lieutenant governor, failed to plead facts plausibly suggesting that CBS aired reports of two women who accused him of sexual assault with a “high degree of awareness” that he likely did not assault them, his ...

Where the City of Baltimore’s aerial surveillance program likely violates the Fourth Amendment by allowing the tracking of individuals without a warrant, its continued operation was enjoined. Background Plaintiffs moved to enjoin implementation of the Aerial Investigation Research, or AIR, ...

Where the record showed that Aetna exercised discretionary authority or control over the management of a plan so as to potentially make it a fiduciary, and evidence suggested Aetna breached its fiduciary duties by not disclosing fees, a policyholder’s surcharge, ...

Where the Worker Adjustment and Retraining Notification, or WARN, Act applies only if the company employed 100 or more full-time employees on the date the first notice was required, and the undisputed evidence was that the government contractor employed fewer ...

Where there is a historic right of access to judicial documents because they provide the public with insight into the functioning of the judicial process, two Virginia courts were ordered to provide “contemporaneous’’ access to newly filed complaints. Background Courthouse ...

Where a doctor was aware of an incarcerated man’s medical needs, took steps to increase the patient’s blood sugar level monitoring and explained that he chose not to prescribe insulin because he was afraid of an overdose, he was granted ...

Where a torture victim failed to file suit within the 10-year statute of limitations of the Torture Victim Protection Act of 1991, or TVPA, but his expert testified about chaos in Somalia after its dictator was defeated, and the danger ...

Where the manufacturing company posted notices about then-ongoing negotiations with the union, but did so in a straightforward manner that expressed its position without directly or indirectly soliciting employee action, it did not commit an unfair labor practice. Background Tecnocap ...

Where a high school student reported conduct that could be objectively understood as alleging sexual harassment to a school official with authority to address complaints of sexual harassment and to institute corrective measures, that establishes actual notice of such harassment ...

Where North Carolina amended its statutes in 2015 to require an abortion be performed by a “qualified” physician and to narrow the definition of a medical emergency, those changes evidenced a continuing state interest in regulating abortion that, with the ...