North Carolina Lawyers Weekly

Where a Honduran man argued that he should not be removed from the United States because his status as a “prosecution witness” would result in threats to his life or freedom in Honduras, the claim failed because that social group ...

Where a woman alleged that she was underpaid for non-overtime hours during weeks in which she also worked overtime, the district court erred in granting her employer judgment on the pleadings. In accordance with the Department of Labor’s interpretation of ...

Where a detainee alleged that the district court had failed to consider that his offenses were not violent, there were no weapons involved, and he did not have a violent criminal history, but the record showed that his criminal history, ...

Where a detainee sentenced to death alleged he received ineffective assistance of counsel regarding his decision to plead guilty and the process of sentencing explaining, but his arguments were procedurally defaulted or without merit, his claims were rejected. Background In ...

Where a remediation company filed suit within three years of the date that coverage for its work on a church’s real estate was partially denied, but more than three years from the date of loss, its declaratory judgment and breach ...

Where a church alleged that certain COVID-19 executive orders issued by the Virginia governor violated its religious rights, but the orders expired in June 2020 and the state of emergency on which they were predicated ended in July 2021, the ...

Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if the agency failed to comply, the plaintiff did not qualify ...

Where the owner of a company sold his shares to the employee stock ownership plan, or ESOP, but the ESOP paid an inflated price for the shares, the owner was liable for the price difference. But, because he forgave certain ...

Where the government failed to produce documents in the trial of Massey Energy CEO who, after a coal mine explosion, was convicted of conspiracy to willfully violate mandatory federal mine safety and health standards, his conviction was upheld because he ...

Where the employee has to stand, walk or lie down as a break from sitting about every 10 minutes and requires heavy levels of narcotics to manage his pain, he is incapable of full-time employment and thus disabled under the ...