Free Newsletter
Labor & Employment – Employee Pension Benefit Plan – Long-Term Incentive Compensation Program
Merrill Lynch’s WealthChoice Award program does not qualify as an “employee pension benefit plan” under the Employee Retirement Income Security Act of 1974 (ERISA). We affirmed summary judgment in favor […]
Criminal Practice – Sentencing Range – Unambiguous Guideline Text
We rejected both a constitutional challenge to 18 U.S.C. § 922(g)(1) and a claim that the district court miscalculated the defendant’s sentencing range under the U.S. Sentencing Guidelines We affirmed […]
Criminal Practice – Expert Testimony – Confrontation Clause
The trial court did not err in jury argument procedures; admitting expert toxicology testimony; and imposing separate sentences for death by distribution and sale of a controlled substance. The trial […]
Criminal Practice – State v. Simkins – Retroactive Change in Law
Defendant’s claim that he was improperly forced to proceed pro se was procedurally barred because he could have raised it earlier under the new Simpkins forfeiture-of-counsel standard but failed to […]
Criminal Practice – Witness Character for Truthfulness – Witness Credibility
The trial court erred by allowing five of the State’s witnesses to testify concerning the minor victim’s general good character for truthfulness because Defendant did not open the door to […]
Constitutional – Temporary Regulatory Taking – Stormwater Permit
Plaintiff sufficiently alleged a temporary regulatory taking when the state delayed processing its stormwater permit. We reversed the dismissal of the temporary regulatory takings claim, affirmed dismissal of due process […]
Domestic Relations – Equitable Distribution – Marital Property
The trial court properly valuated a Florida residence in a divorce but the trial court must distribute $98,843.09 in marital funds from the husband’s construction company bank accounts. We affirmed […]
Municipal – Inverse Condemnation – Municipal Control
The Town of Marshall did not take Plaintiffs’ property because it neither installed nor controlled the storm pipe whose failure caused flooding, and the trial court’s findings were supported by […]
Civil Practice – Venue – Standing
Initial Plaintiff Integon National lacked standing, depriving the court of subject-matter jurisdiction. However, Nash County was a proper venue under N.C. Gen. Stat. § 1-82 based on the receivers’ residence and […]
Domestic Relations – Child Custody – Parent Relocating to Foreign Jurisdiction
The permanent child custody order failed to resolve key disputed issues and did not contain sufficient findings to demonstrate that the decision served the child’s best interests. We vacated and […]
Domestic Relations – Temporary Child Support Order vs. Permanent Child Support Order – Prior ‘Closed’ Docket Entries
The trial court wrongly treated prior temporary child support orders as permanent and failed to relate support back to the 2020 filing date without findings but properly relied on the […]
Labor & Employment – ‘Qualified Individual’ Under the ADA – Reasonable Accommodation
Defendant was not a “qualified individual” under the ADA because his medical restrictions prevented him from performing the essential functions of his job with or without reasonable accommodation. We affirmed […]
Top Legal News
- We tore out our own backup generator
- First budget sent to Gov. Stein includes provisions stripping some appointment power
- State constitutional claims over student vaccination reinstated
- Paycom fired worker because of her onion allergy, EEOC claims
- TikTok to settle with teen plaintiff before California social media trial, law firm says
- County lacked authority to recover homeowners’ damages in code dispute
- Trade secret and confidentiality claims survive against former executive
- Runaway trailer kills driver in head-on crash
- AG Jackson sues federal agencies over Medicaid rule threatening coverage for cancer patients
- Supreme Court strengthens Trump’s hold on key levers of government power
- US Supreme Court takes up Pepsi ‘Mtn Dew Rise’ trademark dispute
Commentary
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
