North Carolina Lawyers Weekly

    The Department of Social Services sought to provide protective services to the respondent-adult, alleging that he lacked capacity to consent to the provision of such services. DSS was required to prove that respondent was “without able, responsible, and ...

Where the servicemembers were likely to show the government’s policy and conduct violated the Administrative Procedure Act and that they would suffer irreparable harm without a preliminary injunction while they challenged their discharge and that injunctive relief was in the ...

  Where the judge who entered a sanctions order retired before defendants’ motion for reconsideration could be heard, the presiding judge should have dismissed defendants’ N.C. R. Civ. P. 59 motion. This court considers the Rule 59 motion de novo. ...

Where the plaintiff, who is blind, is not a current or former member of the Department of Labor and could never have become eligible to join the Department of Labor Federal Credit Union, he lacked standing to challenge the Credit ...

Plaintiffs filed suit against the defendant-limited liability company in New Hanover County, voluntarily dismissed that suit without prejudice, and filed a confession of judgment against defendant in Pender County. When the second of the LLC’s two managers intervened in the ...

  Nowhere in plaintiff’s petition for judicial review of an administrative decision did plaintiff make the necessary allegations for a breach of contract claim. Plaintiff’s subsequent civil claim for breach of contract is not barred by res judicata. We affirm ...

  Even if skill helps players to win plaintiffs’ sweepstakes games, since the games are conducted through an “entertaining display,” the games violate G.S. § 14-306.4. We reverse the trial court’s permanent injunction prohibiting the state from enforcing our gambling ...

  Even if skill helps players to win plaintiffs’ sweepstakes games, since the games are conducted through an “entertaining display,” the games violate G.S. § 14-306.4. We reverse the trial court’s permanent injunction prohibiting the state from enforcing our gambling ...

Not only did plaintiff violate many non-jurisdictional appellate rules (by failing to timely serve the proposed record on appeal as required by N.C. R. App. P. 11(b), by failing to timely file the record on appeal pursuant to Rule 12(a), ...

Respondent’s only argument on appeal is that Dr. Richard Benson’s petition to involuntarily commit her lacked sufficient facts to show reasonable grounds for involuntary commitment. However, because respondent did not challenge the sufficiency of the petition during the initial involuntary ...