North Carolina Lawyers Weekly

The court joined the Third and Sixth circuits in holding that applicants could argue the Social Security administrative law judges who heard their cases were improperly appointed, although they did not raise this issue during the agency proceedings. The decision ...

Neighbors to a commercial hog farm, who prevailed on claims that odors, pests and noises constituted a nuisance under North Carolina law, successfully defended that verdict against challenges that their suit was time-barred, that damages should have been limited by ...

Where an immigration attorney raised multiple challenges to her conviction for refusing to comply with directions from an immigration judge and a courtroom bailiff to cease distracting conduct during an immigration proceeding, the record demonstrated her conduct was sufficiently disruptive. ...

Where the employer granted several accommodations to an employee after his knee surgery, including limiting walking to four hours per day and work to eight hours per day and allowing the use of a motorized scooter, but the employee instead ...

Supplemental materials suggested the Environmental Protection Agency was arbitrary and capricious in how it treated the concept of “refining” for determining whether a small refinery was entitled to an exemption from a renewable fuel program. The documents showed the EPA ...

Joining the majority of courts and consistent with the Board of Immigration Appeals’ interpretation of the Immigration and Nationality Act, the INA does not require an immigration judge to give an alien seeking relief from removal advance notice of specific ...

Where the police went to the private home of the defendant’s girlfriend believing he might be there, but lacked probable cause to conclude that he lived there, their entry without a warrant required suppression of the evidence and his convictions ...

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional rights, the denial of community activists’ request for a preliminary ...

Where the record showed that a coal miner developed black lung disease more than two years before he filed suit, even though the disease was not identified until later, the suit was barred by Virginia’s two-year statute of limitations. Background ...

Where being in a controlling and abusive domestic relationship is a characteristic that defines the group by the fact of persecution, the Board of Immigration Appeals did not err in finding a woman’s proposed social group—married El Salvadoran women in ...