North Carolina Lawyers Weekly

Where the defendant argued his trial counsel rendered ineffective assistance by failing to move to suppress incriminating statements made in violation of Miranda, an evidentiary hearing was required to determine whether he was in custody at the time of his ...

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

Where mortgage and appraisal companies pressured home appraisers to raise values in order to obtain higher loans, a class of plaintiffs was granted summary judgment on its claim for unconscionable inducement under the West Virginia Consumer Credit and Protection Act. ...

In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were ...

Where civil immigration detainees who were awaiting immigration hearings participated in a voluntary work program for which they were paid between $1 per day and $15 per week, their minimum wage bid failed because they are not “employees” within the ...

Where a consumer brought a challenge against CMS officials in their individual capacities, alleging they violated the Telephone Consumer Protection Act by authorizing robocalls, his lawsuit was in reality aimed against the federal government, to which sovereign immunity applied. Background ...

Where an immigration judge discounted an affidavit from a woman seeking asylum based on death threats against her and her husband in Honduras because her husband did not testify in person, that was error as an applicant needs only to ...

Where the defendant sold approximately two pounds of methamphetamine, that substantial quantity of drugs in a single-buy transaction supported a reasonable inference of knowing participation in a distribution conspiracy. Background Kevin Thomas Seigler challenges his conviction and sentence for conspiracy ...

Where expert testimony was plausible, coherent, internally consistent and not contradicted by extrinsic evidence, the district court did not err in concluding a sexually dangerous person must comply with a regimen of medical, psychiatric or psychological care or treatment as ...

Where the sentencing guidelines for conspiring to distribute methamphetamine were lowered after the defendant was sentenced to 180 months, he was not eligible for sentence reduction because his sentence was less than the minimum of the amended guideline range. Background ...