North Carolina Lawyers Weekly

U.S. v. Comstock. (Lawyers Weekly No. 10-01-1180, 21 pp.) (Motz, J.) No. 07-7671, Dec. 6, 2010; On Remand from USSC. 4th Cir. Click here for the full text of the opinion. Holding: A federal statute that authorizes civil commitment of ...

Tagged with: Civil Commitment Civil Rights

Nicholson v. Astrue. (Lawyers Weekly No. 10-04-1145, 19 pp.) (Reidinger, J.), U.S. District Court for the Western District of North Carolina, No. 1:09cv271, Oct. 29, 2010 Holding that the administrative law judge (ALJ) erred in relying on the “medical” opinion ...

Tagged with: Administrative Civil Practice Social Security

In re: The Northern Outer Banks Associates, LLC. (Lawyers Weekly No. 10-05-1143, 21 pp.) (Doub, J.), U.S. Bankruptcy Court for the Eastern District of North Carolina, Greenville Division, District No. 10-01292-8-RDD, Nov. 8, 2010. Click here for the full text ...

Tagged with: Bankruptcy Civil Practice

Harty v. Luihn Four, Inc. (Lawyers Weekly No. 10-02-1081, 9 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Plaintiff resides in Florida, 775 miles from defendant’s restaurant, and he has no definite plans to return to the restaurant. Plaintiff lacks standing ...

Tagged with: Civil Rights Constitutional standing

Jaison  v. Lay. (Lawyers Weekly No. 10-02-1029, 3 pp.) (Britt, J.). U.S.W.D. Plaintiff cannot show his due process rights were violated by the state’s failure to follow through with the civil tax assessment procedures prior to prosecuting plaintiff for tax-related ...

Tagged with: Civil Rights Sect. 1983 Tax

Henry v. Purnell. (Lawyers Weekly No. 10-01-0950, 36 pp.)  (Agee, J.) No. 08-7433, Sept. 24, 2010; USDC at Baltimore (Motz, J.) 4th Cir. Holding: A Maryland deputy who reached for his Taser, but grabbed his Glock instead when he tried ...

Tagged with: Civil Rights Excessive Force Taser

Hill v. Robeson County. Plaintiff alleges that, while she was on pre-trial supervision, a county resource officer and three deputies sexually abused her. She has failed to show that the county is liable for these men's alleged actions. The court grants the motions to dismiss of the county and its officials.

Tagged with: Civil Rights Municipal Sect. 1983 Sexual Abuse

Earp v. Quinlan. (Lawyers Weekly No. 10-16-0770, 16 pp.) (Sanford L. Steelman Jr., J.) Appealed from Durham County Superior Court (Allen Baddour, J.). N.C. App. Unpub. Holding: The trial court erred when it dismissed the plaintiff’s claims of civil conspiracy ...

Tagged with: Civil Conspiracy Civil Rights Durham County Obstruction of Justice

H.B. Rowe Co. v. Tippett. (Lawyers Weekly No. 10-01-0725, 51 pp.) (Motz, J.) No. 09-1050, July 22, 2010; USDC at Raleigh (Boyle, J.) 4th Cir. Holding: A North Carolina statutory scheme that seeks to end race- and gender-based discrimination in ...

Tagged with: Civil Rights

Imaginary Images Inc. d/b/a Paper Moon v. Evans. (Lawyers Weekly No. 10-01-0699, 22 pp.) (Wilkinson, J.) No. 010-2-140, July 15, 2010; USDC at Richmond, Va. (Spencer, J.) 4th Cir. Holding: Virginia statutory restrictions that allow nightclubs whose dancers wear only ...

Tagged with: Civil Rights First Amendment