Landlord‑tenant status saves negligence claim from workers’ comp bar
The North Carolina Court of Appeals revived a negligence suit brought by the plaintiff, a former employee who alleges chronic illness from toxic mold in the workplace, holding that neither […]
Domestic Relations – Child Custody – Motion to Appoint a Parenting Coordinator
The trial court’s findings of fact do not support its conclusion of law to deny the parenting coordinator and granting Rule 11 sanctions based on Mother’s filing the motion to […]
Insurance – Wrongful Death – ‘Employee’ Versus ‘Volunteer’
Competent evidence supports the trial court’s finding that the Decedent was an employee and not a volunteer. We affirmed the judgment of the trial court. Emma Faircloth, as Administrator of […]
Constitutional – Guilty Plea – 18 USC §844(f)(1)
A criminal defendant who pleads guilty waives any argument that the statute of conviction does not cover that defendant’s conduct. And a defendant who wishes to preserve an argument that […]
Tort/Negligence – Gross Negligence – Immunity to Law Enforcement Officers
Although N.C.G.S. § 20-145 provides immunity to law enforcement officers for ordinary negligence, it does not grant the same for gross negligence. We reversed the trial court’s order granting summary […]
Civil Practice – Peremptory Challenge – Jury Impanelment
The trial court erred by allowing Defendants to exercise a peremptory challenge after the jury had been impaneled. We vacated the trial court’s judgment and remanded the matter to the […]
Criminal Practice – Intentional Child Abuse Inflicting Serious Bodily Injury – Felony-Murder Rule
The trial court did not err by denying Defendant’s motion to dismiss the charges of first-degree murder and intentional child abuse inflicting serious bodily injury, nor did the trial court […]
Criminal Practice – Authentication – Relevance
The trial court did not err in admitting photos of Facebook messages, which were properly authenticated. Further, the trial court properly determined the CAD report was relevant. There was no […]
Book him
In prison, legal research and law books can serve as an enduring source of hope in a place where hope scarcely resides. And when someone does something that could dash […]
Where were you on the night of the crime?
The wrongful conviction of a North Carolina man has helped inspire researchers on the other side of the planet to study just how well people can remember where they were […]
Litigant cries foul over court’s Baseball Rule
Baseball is America’s national pastime, but has time perhaps passed it by? It’s the sort of question that might be debated in bar rooms and living rooms, but Sidebar never […]
Sidebar shakes family tree, finds N.C.’s first female lawyer
Sidebar knows that many attorneys are history buffs, and we recently came across a tidbit that’s germane to not only our history, but practice of law in North Carolina as […]
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