North Carolina Lawyers Weekly
A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk and maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious ...
Read More »Civil Rights – Indicia of innocence support malicious prosecution claim
Arbitration – Panel did not disregard law in ruling for investors 
Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...
Read More »Constitutional – Nationwide injunction over new DHS rule was error
Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...
Read More »Constitutional – Gun shop has standing to challenge handgun licensing law
Where a gun shop lost sales as a result of Maryland’s handgun licensing law, its ability to sell handguns was constrained and the injury could be redressed by a favorable decision, the shop had standing to challenge the statute. It ...
Read More »Tort – Pain clinic not defamed by minor errors in CBS broadcasts
Minor inaccuracies in two CBS Evening News reports about a West Virginia pharmacy and its role in the opioid crisis did not support a claim for defamation because the broadcast likely had the same effect on the viewer as the ...
Read More »Criminal Practice – Wiretap orders sufficiently identified authorizing official
Although the orders authorizing wiretaps simply identified a Deputy Assistant Attorney General in the Criminal Division as the authorizing official, and there are six persons who hold that title, because the specific official was named in the applications, which accompanied ...
Read More »Criminal Practice – Government delayed seeking civil commitment
Where the defendant was declared incompetent to stand trial and unable to be restored to competency, and the government then took six months to seek his civil confinement as a “sexually dangerous person,” the civil commitment certification was dismissed as ...
Read More »Civil Rights – Virginia violated due process rights of mentally ill defendant
An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...
Read More »Arbitration – Tribal choice-of-law provisions are unenforceable
Where choice-of-law-provisions required the application of tribal law, they operated as a prospective waiver of a party’s right to pursue statutory remedies and, as a result, violated public policy and were unenforceable. Background In this appeal, the court considers the ...
Read More »Arbitration – Prospective waivers render agreements unenforceable
Where arbitration agreements included within the terms of payday loans provided for the application of tribal law, to the exclusion of any contrary federal statutory law, the agreements were unenforceable because they prevented a plaintiff from effectively vindicating certain federal ...
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