North Carolina Lawyers Weekly

A plaintiff did not have a fraud claim where it learned that certain compounds were not promising before filing patent applications for them and did not have a negligent misrepresentation claim where the defendant was honest about the testing methods ...

Evidence from defendant’s cell phone should have been suppressed at trial because the police did not have a reasonable justification for their delay in obtaining a search warrant, but hearsay testimony was properly admitted because the defendant actively caused the ...

Where a debtor agreed to pay attorneys’ fees incurred in attempts to recover money owed under a loan in a contract signed prior to his filing for bankruptcy, the creditor was entitled to recover attorneys’ fees that were incurred after ...

A medical malpractice claim for injuries sustained during childbirth did not accrue until the child’s second birthday because unrebutted expert testimony indicated that the cause of the injury could not have been determined before that date. Background Erick, a minor ...

Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and ...

Where the government failed to demonstrate that booking.com was a generic term that could not be trademarked, and Booking.com demonstrated that the descriptive term has gained a secondary meaning, the website is entitled to a trademark. Background Booking.com operates a ...

Although the defendant’s original plea agreement mistakenly sentenced him as an armed career criminal, it was not necessary to reduce his sentence on the other counts as the sentence given on those counts still upheld the benefits the defendant bargained ...

Where a plaintiff was entitled to use eminent domain to obtain rights-of-way to portions of private property, that plaintiff was likewise entitled to begin construction on those properties before the value of just compensation had been determined and paid. Background ...

Defendant was properly designated as a sexually dangerous person despite not being diagnosed with a paraphilic disorder because his diagnosis of a mixed personality disorder and an alcohol use disorder satisfied the statute’s mental illness requirement and the government sufficiently ...

Conviction for assault, battery or wounding an officer while resisting arrest could not serve as a predicate offense under the violent felony clause of the Armed Career Criminal Act because it is possible for a person to be convicted of ...