North Carolina Lawyers Weekly

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

Tagged with: Title VII

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the ...

Tagged with: Copyright

An immigrant was not ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, are ...

Tagged with: penalty

Six defendants tried together were properly convicted of murder and attempted murder offenses related to their gang membership. Their convictions were upheld despite challenges to prosecutorial conduct, jury instructions, evidence admitted at trial, joint trial, access to counsel, warrantless cell ...

Tagged with: MS-13

Plaintiff claims that his own itemization of his wages is more reliable than the evidence produced by the defendant-employer, and it is true that owner Jon Robinson’s poor record-keeping practices rendered the record unclear regarding when exactly plaintiff did and ...

Tagged with: Conflicting Evidence

Even though defendant did not present sufficient evidence to justify a change in primary and secondary physical custody, the trial court could nevertheless find that she had presented sufficient evidence to justify a change in other terms of the custody ...

Tagged with: custody

Since the defendant-husband’s post-separation debt payments on a gleaner combine were made in 2015, they are subject to the 2013 amendments to the equitable distribution statute. Thereunder, post-separation debt payments are only divisible property if they constitute “[p]assive increases and ...

Tagged with: equitable distribution

Where the defendant-father’s motion to modify child support simply requested that support be “Decreased,” the trial court did not have the authority to eliminate defendant’s obligation to pay a portion of the uninsured medical expenses of the parties’ children. We ...

Tagged with: Parent and Child

Even though the record shows that defendant was served with “the notice of hearing on domestic violence protective order, ex parte domestic violence order of protection, notice of ex parte hearing, complaint and motion,” there is no indication that defendant ...

Tagged with: DVPO

Once defendant received title to a planned community’s common area, defendant became a member of the community’s homeowners association; accordingly, he can challenge the association board’s standing to file suit against him. Where the association’s board did not follow the ...

Tagged with: Real Property