North Carolina Lawyers Weekly
Although the third-party defendants (Movants) are under grand jury investigation, since they have not been indicted, the degree of overlap between the civil and criminal cases against them is speculative. Plaintiffs have shown that Movant Brasser’s testimony is relevant to ...
Read More »Civil Practice – Motion to Stay – Criminal Practice – Constitutional – Fifth Amendment Privilege – First Impression
Civil Practice — Judgments – Supplemental Proceedings – Subject Matter Jurisdiction – Execution 
After obtaining a judgment against defendant, plaintiff initiated supplemental proceedings, seeking discovery from defendant. Where there is no indication in the record that plaintiff sought issuance of a writ of execution or that any such writ was returned unsatisfied, supplemental ...
Read More »Criminal Practice — Sentencing – Concurrent or Consecutive – Judge’s Discretion – Local Facility & DAC
The record shows that the trial court mistakenly believed that it could not run defendant’s 120-day DWI sentence—which must be served in local confinement—concurrently with his 51 to 74-month sentence for speeding to elude arrest and attaining habitual-felon status, which ...
Read More »Civil Practice – State secrets privilege bars suit over NSA surveillance
Where the discovery procedures of the Foreign Intelligence Surveillance Act, or FISA, didn’t apply to Wikimedia’s suit against the National Security Agency, or NSA, alleging the agency is spying on Wikimedia’s communications through its Upstream surveillance program, the suit was ...
Read More »Civil Practice — Involuntary Commitment – Danger to Others – Insufficient Showing
Respondent was involuntarily committed after he posted a Facebook rant threatening a judge. At his hearing, the attending psychiatrist testified that he was a danger to others; however, she also testified that he had “not been aggressive,” that he had ...
Read More »Civil Practice – No sovereign immunity in transgender bias suit
Where enrollees in the North Carolina State Health Plan for Teachers and State Employees, or NCSHP, alleged the plan violated the Affordable Care Act by categorically denying coverage for gender dysphoria treatments, NCSHP, which accepts federal funds, is not entitled ...
Read More »Civil Practice – Hearing en banc denied in school misconduct case
Although the Fairfax County School Board urged the entire Fourth Circuit to rehear an appeal involving its liability for student sexual misconduct, it failed to garner a majority of the judges in regular active service and not disqualified. Background A ...
Read More »Civil Practice — Personal Jurisdiction – Corporate – Successor Liability – First Impression
Where (1) a predecessor company allegedly polluted North Carolina’s air, water and land; (2) a contract and its amendment can be read to say successor corporations assumed the predecessor company’s liabilities; and (3) the complaint alleges that the predecessor company’s ...
Read More »Civil Practice — Personal Jurisdiction – Airplane Manufacturer – Nationwide Sales – Subscription Database
The Alabama defendant, a manufacturer of aircraft engines and parts, “markets to the flying public at large” through independent distributors, including Triad Aviation, based in North Carolina. Defendant’s North Carolina sales from May 2010 to August 2013 totaled $3,933,480.65; defendant ...
Read More »Civil Practice — Appeals – Interlocutory – Exculpatory Contract – First Impression – Trampoline Injury
Even though the parties’ contract contains plaintiff’s covenant not to sue defendant, defendant is not entitled to immediately appeal the trial court’s partial denial of defendant’s motion for summary judgment. Before defendant would be entitled to contractual immunity, it would ...
Read More »