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Tort/Negligence – Negligence or Causation – Wrongful Death and Medical Malpractice
Plaintiff failed to exhaust certain claims and could not prove negligence or causation even assuming the claims were timely. The Fourth Circuit affirmed dismissal of a Federal Tort Claims Act […]
Criminal Practice – Erlinger v. United States – ‘Different Occasions’ Issue at Sentencing
The district court’s Sixth Amendment error under Erlinger v. United States in deciding the “different occasions” issue at sentencing was harmless given undisputed evidence that his prior offenses occurred on […]
Criminal Practice – Ineffective Assistance of Counsel – Inmate’s Untreated Medical Condition
Counsel’s efforts to secure medical treatment during pretrial detention were reasonable and defendant’s guilty plea was voluntary despite his untreated condition, defeating his ineffective assistance claim under Strickland v. Washington. [...]
Criminal Practice – Different Judge Imposing a Longer Sentence – Unconstitutional Judicial Retaliation
No presumption or proof of judicial vindictiveness existed where a different judge imposed a longer sentence based on case-specific factors rather than retaliation for defendant’s prior appeal. We affirmed an […]
Contract – Settlement Agreement – Undue Influence
A reasonable jury could find that Plaintiff’s settlement agreement releasing claims against the City was procured through undue influence given her age, financial distress, and the coercive circumstances surrounding the […]
Corporate – Misappropriation of Trade Secrets – Breach of an Employment Agreement
The complaint plausibly alleged that the defendant misappropriated trade secrets and breached his employment agreement by using confidential information to form a competing business, thereby supporting claims for breach of […]
Domestic Relations – Neglect – Adjudication Order
Competent evidence, including the mother’s ongoing mental health issues, substance use, and exposure of the children to domestic violence and erratic behavior, supported the conclusion that the children faced a […]
Domestic Relations – Willful Abandonment – Domestic Violence Protective Order
Clear, unchallenged findings showed the father willfully abandoned his child by making no effort to maintain contact or support during the relevant six-month period despite having the ability to do […]
Criminal Practice – Rogers-Singletary Error – Warrantless Search
The written judgment imposed broader supervised release conditions than those orally pronounced, creating a material discrepancy under its Rogers-Singletary precedent. We vacated and remanded for resentencing. Defendant pleaded guilty to […]
Contract – Specific Performance – Beneficial Economic Interest
The trial court acted within its discretion given the inadequacy of monetary damages and the contractual evidence of shared economic interests. We affirmed an order of specific performance enforcing a […]
Constitutional – Open Courts Clause – Disparate Impact
We rejected constitutional challenges seeking removal of a Confederate monument located outside the county courthouse. We affirmed summary judgment for the county. Plaintiffs, civil rights organizations and local residents, argued […]
Civil Practice – Patient Safety Act – Medical Malpractice Discovery
We clarified limits of overlapping federal and state privileges in medical malpractice discovery, holding that generalized assertions of privilege are insufficient and that parties must specifically demonstrate that materials fall […]
Top Legal News
- NC Democrats dismiss gerrymandering lawsuit following Supreme Court voting rights ruling
- 4th Circuit says widow’s deal with city may have resulted from undue influence
- Short seller Andrew Left to stand trial in LA over manipulation charges
- US appeals court weighs Pentagon bid to punish Senator Mark Kelly
- Comey asks judge to cancel North Carolina hearing in Trump threat case
- Damages class may proceed over prison contractor’s opioid treatment policy
- Cyberstalking charges dropped against NC influencer
- US Supreme Court declines to pause order holding Apple in contempt in Epic Games lawsuit
- First Step Act credits require fresh review after end of Chevron
- AI errors in murder case lead to discipline for Georgia prosecutor
- Inventory searches support inevitable discovery of evidence
Commentary
- 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
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
- How do parent corporations deal with Workers’ Compensation?
- Best at Work Insights: Don’t Import 996: Why America Should Reject Overwork Culture
