Although the plaintiff-investors describe themselves as unsophisticated investors, they either have advanced degrees or significant business experience. Their provision of personal information to the defendant-investment companies did not create a fiduciary relationship, and plaintiffs are bound by their agreements to ...
Read More »Arbitration – Investment Agreements – No Fiduciary Duty
Domestic Relations – Parent & Child – Permanency Planning & Custody Orders – Changed Circumstances 
When the trial court entered its G.S. Chapter 7B permanency planning order in a civil custody case, the order became subject to the G.S. Chapter 50 substantial change in circumstances analysis. Although the permanency planning order did not expressly ...
Read More »Domestic Relations – Parent & Child – ADHD Medication 
When there was no conflicting evidence—for instance, with regard to a school’s concerns that ADHD medication for one of respondents’ children was not working—the trial court did not fail to resolve any material dispute when it recited such testimony ...
Read More »Criminal Practice – Meth Trafficking – Constructive Possession – Maintaining a Dwelling – Mother’s Rental 
Defendant was at the hospital being treated for a stab wound when law enforcement officers—searching the home in which defendant had been stabbed for evidence related to the stabbing—located methamphetamine as well as ingredients and implements that led them ...
Read More »Criminal Practice – Assault – Jury & Jurors – ‘Acquittal First’ Instruction – Intent to Kill – Sleeping Juror – Misidentified Juror 
During deliberations, the jury asked the trial court if it had “to be unanimous on each of the charges” and listed the charged assault offense—assault with a deadly weapon with intent to kill inflicting serious injury—and its lesser included ...
Read More »Criminal Practice – Possession of a Firearm by a Felon – Parole Officer’s Testimony – Relevance 
Defendant challenges the relevance of his parole officer’s testimony indicating that defendant was a “high risk offender” and mentioning the discovery of drugs in the room where defendant was found. Such testimony was relevant as “chain of circumstances” evidence. ...
Read More »Labor & Employment – Breach of Contract – NDA – Tort/Negligence – Misappropriation of Trade Secrets 
Plaintiffs allege that they have developed “SEM Strategies”: internet strategies and techniques to optimize the ranking of their websites on internet search results. While defendants appear to argue that all online retailers use the same approach to search engine optimization, ...
Read More »Criminal Practice – Murder – Excluded Expert – Victim’s Behavior – Meth Use 
In support of his self-defense argument, defendant sought to introduce expert testimony that the victim’s aggressive and strange behavior was “consistent with methamphetamine intoxication.” However, the proffered witness had never examined the victim and agreed that if you “had ...
Read More »Civil Rights – Police reasonably ordered mental health evaluation 
Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...
Read More »Criminal Practice – Permit requirement insufficient for traffic stop 
Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...
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