North Carolina Lawyers Weekly

Where the Public Interest Legal Foundation requested records of North Carolina voter registrants identified by the Board of Elections as possibly not having satisfied citizenship requirements, the district court erred by ruling the records were not subject to disclosure under ...

Where the district court resolved the defendant’s First Step motion by concluding it would have imposed the same sentence for conspiracy to traffic in crack cocaine had the Fair Sentencing Act been in effect, it erred in not considering intervening ...

Although the government conceded that it arrested the defendant without securing an administrative warrant required by 8 U.S.C. § 1357(a), the statute makes no mention of suppression or any other remedy for an arrest warrant violation and the court found ...

In a case of first impression, the court held that police can conduct warrantless searches of non-vehicular containers incident to a lawful arrest only when the arrestee is unsecured and within reaching distance of the container at the time of ...

Where an insurance policy provided coverage to affiliates of the Episcopal Church, that policy extended to a breakaway parish that is embroiled in litigation against the diocese. Nothing in the master policy suggested the insurance company has the duty—or the ...

Where Arlington County sued a host of opioid manufacturers, distributors and pharmacies in state court for causing, or contributing to, the opioid epidemic in the county, two subcontractors properly removed the suit to federal court. Their operation of a government ...

Although the Nuclear Regulatory Commission, or NRC, is obligated to not retaliate against whistleblowers, because the statute allows suits against a “person,” and the NRC is not a “person,” the NRC was immune from a whistleblower suit. Background Dr. Michael ...

Where the record was “too meager” to render a proper ruling on the defendants’ claims that their due process rights were violated when the government failed to disclose and preserve the decedent’s cellphone, the convictions for distributing heroin that resulted ...

In a case of first impression, the court held that where an employer transfers an employee from a position they could perform if provided with reasonable accommodations to a position they do not want, that could support a failure-to-accommodate claim. ...

Where Hobbs Act robbery reaches the use of force or threats of force against property, while the guidelines’ definition of “crime of violence” requires the use of force or threats of force against persons, there is no categorical match. Consequently, ...