North Carolina Lawyers Weekly

Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was ...

Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was ...

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing a life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

An officer who shot a privately owned dog during the course of assisting with an arrest warrant lost his bid for dismissal and qualified immunity. Although the court had not previously held that it is unreasonable for a police officer ...

Where corrections officials who were tipped off that an inmate with a history of attempting to smuggle contraband into prison might be planning to do it again stripped searched his visitor, the search was upheld because the officials, who witnessed ...

Where the plaintiff’s own expert during a deposition refused to express her opinion to a reasonable degree of medical certainty that the plaintiff aspirated thin liquids, the defect could not be cured with a later-submitted affidavit. Background In this medical ...

Where the jury was properly instructed, the district court did not err in answering a question from the jury, the defendant was permitted to develop his defense theory through cross-examination of an FBI agent and the jury’s verdict was supported ...

Where a multiyear software subscription contract was subject to an “appropriations” clause, and the record showed North Carolina’s Johnston County Board of Education decided not to appropriate money to the contract after the first year, the school board prevailed on ...

Where a suit filed in federal court alleged the defendants engaged in fraudulent conduct in prosecuting defamation suits in state court, it was not an attack on the state-court judgments and, as such, was not barred by the Rooker-Feldman doctrine. Background In ...