North Carolina Lawyers Weekly

  Defendant testified that (1) a sheriff’s lieutenant asked her three times if he could search her car and purse, (2) she declined twice, and (3) she only consented to the search after the lieutenant threatened to take her away ...

The Career Status Law, former G.S. § 126-5(d)(2c), which was passed after Governor Cooper’s election, has been deemed unconstitutional; moreover, it would not have governed petitioner’s career status in any event. Just before leaving office, Governor McCrory changed petitioner’s status ...

The defendant-agency’s production of 13,000 documents and affidavits of its employees explaining their compliance with the parties’ memorandum of understanding (MOU) support the trial court’s conclusion that the agency substantially complied with the MOU. We affirm the trial court’s order ...

Where an uncle’s company (defendant) provided accounting, bookkeeping, record-storing and other managerial services to his niece’s company (plaintiff), the record supports the jury’s finding that defendant owed a fiduciary duty to plaintiff. When defendant’s lease of trucks to plaintiff ended, ...

  In re B.O.A., __ N.C. __, 831 S.E.2d 305 (2019), was a case involving termination of parental rights; however, it is binding in this case involving adjudications of abuse, neglect and dependency. Pursuant to B.O.A., the trial court is ...

Plaintiffs filed suit against the defendant-limited liability company in New Hanover County, voluntarily dismissed that suit without prejudice, and filed a confession of judgment against defendant in Pender County. When the second of the LLC’s two managers intervened in the ...

  In a matter of first impression, the court holds that the plaintiff-patient’s complaint sufficiently pleads the defendant-medical care providers’ duty of care because it notifies defendants that she plans to use HIPAA and defendants’ own privacy policy to establish ...

The plaintiff-architecture firm provided labor consisting of “architectural design and schematic plans in accordance with the agreement for purchase and sale of real property,” but there is no evidence that plaintiff performed any work directly affecting the real property. Without ...

  North Carolina courts have previously allowed a lender to step into the shoes of a prior lienholder when the lender’s funds were advanced to pay off the borrower’s debt. As a matter of first impression, the court expands such ...

The court declines to follow an unpublished opinion that found the prosecutor’s and a prosecution expert’s use of the words “disclose” and “disclosure” amounted to impermissible vouching for a child-victim. We find no plain error in defendant’s conviction of two ...