North Carolina Lawyers Weekly

Where the Medicaid Act’s free-choice-of provider provision creates a private right enforceable under 42 U.S.C. § 1983 and the Medicaid recipient established she would suffer irreparable harm in the absence of a preliminary injunction, South Carolina was stopped from terminating ...

  In plaintiff’s criminal case, this court ruled that his right to a speedy trial had been violated, and we vacated his convictions and dismissed the underlying indictments. In this civil action, plaintiff asks us to recognize a new right: ...

Where the testimony of an inmate and a prison official differed over what took place after officers ordered inmates to stay in their cubicles, the inmate is entitled to potentially exculpatory video evidence of the incident unless the government establishes ...

The majority found the term “habitual drunkard,” as used in the Virginia statute that makes it a criminal offense for persons deemed habitual drunks to buy or consume alcohol, was unconstitutionally vague and could violate the Eighth Amendment. Background Homeless ...

An out-of-state citizen could bring a constitutional challenge against a statute that limited copies of the state’s registered voter list to state residents because the list was closely connected to political speech and the statute imposes both content- and speaker-based ...

Parties who entered into settlement agreements with the city of Baltimore arising out of alleged police misconduct will no longer be bound by a gag clause routinely included in those agreements after the court held the clause was unenforceable and ...

After holding it had jurisdiction to entertain President Trump’s appeal from the district court’s decision “effectively” denying his immunity motion to dismiss, the court never reached the immunity question and, instead, held that Maryland and the District of Columbia lacked ...

President Trump will no longer face a suit brought by Maryland and the District of Columbia over his alleged violation of the Emoluments clause after the court granted the president’s petition for writ of mandamus and concluded the plaintiffs lacked ...

Where the government allowed a jury to be empaneled and began presenting testimony despite the fact that a subpoenaed witness had not appeared in court, as required, for the first two days of trial, and a mistrial was granted on ...

The state’s termination of a lease to which it was a party was not an unconstitutional impairment of contract under the U.S. Constitution. We affirm the trial court’s grant of (1) defendant Brooks’ motion to dismiss and (2) the state ...