North Carolina Lawyers Weekly
In this action to enforce a South Carolina judgment, the underlying mortgages and promissory notes (for the purchase of South Carolina land) said they were to be governed by North Carolina law, which includes our anti-deficiency statute. Nevertheless, the ...
Read More »Constitutional – Full Faith & Credit – Real Property – Mortgages – Deficiency Judgment – S.C. Settlement Agreement
Constitutional – Charleston tour guide licensing scheme is unconstitutional 
Tour guides in Charleston, South Carolina, are no longer required to pass a written examination, acquire a valid business license that must be renewed annually and pay fees before they can provide tours. The ordinance was struck down on First ...
Read More »Civil Practice – Constitutional Voter ID –Preliminary Injunction – Arlington Heights Review
Where plaintiffs have made a showing of both discriminatory intent and discriminatory impact with regard to a voter ID law, they are entitled to a preliminary injunction enjoining its enforcement during the pendency of this action. We reverse the three-judge ...
Read More »Constitutional – Penalties – Schools & School Boards – Contract – Environmental – Hog Farms
Pursuant to an agreement between the North Carolina Attorney General and Smithfield Foods, Inc., and several of its subsidiaries (Smithfield), Smithfield makes payments into an escrow account, which the Attorney General then disburses via an Environmental Enhancement Grants Program. Because ...
Read More »Constitutional – First Impression – ‘Right to Instruct’ – General Assembly – Extra Session
While the people have a constitutional “right to instruct” their legislators, that right was not violated by an extra session that was called without notice as to the topics it would address nor by the swift passage of laws therein. ...
Read More »Constitutional – Immunity granted in suit brought by prisoner on autism spectrum
Where a prisoner on the autism spectrum was placed in solitary confinement without stimulation for extended periods of time in 2014 and 2015, prison officials were entitled to immunity against his suit because the law holding that the prison’s practice ...
Read More »Constitutional – NAACP’s suit over 2020 census resurrected
Where the NAACP’s Enumeration Clause challenge to the “methods and means” to be used in the 2020 census was ripe by the time it sought leave to reintroduce the claims in February 2019, the district court’s contrary conclusion was legal ...
Read More »Constitutional – North Carolina violated inmate’s due process rights
Where a prison disciplinary proceeding that resulted in the revocation of 20 days of an inmate’s “good-time” credits contained no probative evidence to support his conviction, his due process rights were violated, requiring that his good-time credits be restored. Background ...
Read More »Constitutional – Separation of Powers – Federal Block Grants – First Impression – Legislative Appropriation
Block grants made by Congress identify the state as the beneficiary of the funds, and they do not prohibit their appropriation by our General Assembly—the government branch that wields exclusive constitutional authority over the state’s purse. The General Assembly’s ...
Read More »Constitutional – Maryland ad disclosure law violates First Amendment
Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...
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