Although the defendant’s statement admitting possession of a gun was involuntary, his motion to suppress failed because prior to any involuntary admissions, the police believed he possessed a weapon, had probable cause to search the car and would have inevitably ...
Read More »Criminal Discovery of gun was inevitable
Criminal Firearm found near drug stash supports tougher sentence 
Where a firearm was found in proximity to a large quantity of drugs the defendant arranged for his nephew to distribute, there was no error in finding the firearm was part of a joint criminal activity that supported sentence enhancement. ...
Read More »Consumer Protection Law firm’s attempt to collect debts did not violate FDCPA 
Where a law firm representing a homeowners association attempted to collect outstanding debts from homeowners by filing a writ of garnishment and lien that included post-judgment enforcement costs, it did not violate the Fair Debt Collection Practices Act. Background Homeowners ...
Read More »Immigration Noncitizens facing removal are entitled to bond hearing 
Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. ...
Read More »Employment Discrimination Company not liable for sexual assault of plaintiff 
Although a woman’s co-worker was found liable for sexually assaulting her during her shifts at Radford Arsenal, the evidence was insufficient to hold their employer liable for the co-worker’s conduct. Background Carla A. Clehm is an employee of defendant BAE ...
Read More »Criminal No final judgment in place sinks gun charge 
Where there was no final judgment under North Carolina’s felony statute against the defendant at the time he was found in possession of firearms, his conviction for being a felon in possession of a firearm under federal law must be ...
Read More »Criminal To get case to high court, judge voted against en banc review 
A majority of the judges on the court did not agree to rehear the case en banc, although one judge explained he did not vote for en banc review in order to expedite Supreme Court review. Background The petition for ...
Read More »Criminal Juror’s misconduct warrants habeas relief 
Where a juror consulted with her pastor during a murder trial 20 years ago about whether she could vote to impose the death penalty without running afoul of her religious beliefs, and then communicated the pastor’s assurances to other jurors, ...
Read More »Labor Plaintiffs lack standing to sue for change in benefits 
Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...
Read More »Intellectual Property Failure to disclose license for trademark was sanctionable 
Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...
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