North Carolina Lawyers Weekly

Hensley v. Price (Lawyers Weekly No. 001-201-17, 40 pp.) (G. Steven Agee, J.) (Dennis Shedd, J., dissenting) 16-1294; Nov. 17, 2017; USDC at Asheville, N.C. (Martin Reidinger, J.) 4th Cir. Holding: Viewing the facts in the light most favorable to ...

Tagged with: search and seizure

Cooper v. Berger (Lawyers Weekly No. 011-330-17, 14 pp.) (Per Curiam) (Panel consisting of Rick Elmore, Donna Stroud, & John Tyson, JJ.) Appealed from Wake County Superior Court (L. Todd Burke, Jesse Caldwell III, & Jeffery Foster, JJ.) N.C. App. ...

Tagged with: Separation of Powers

Painter v. Adams (Lawyers Weekly No. 004-026-17, 15 pp.) (Max Cogburn Jr., J.) 3:15-cv-00369; W.D.N.C. Holding: Even though the Eleventh Amendment bars any damages claims plaintiff may have against the defendant-public university arising out the university’s student disciplinary proceedings in ...

Tagged with: Due Process

American Humanist Association v. Maryland-National Capital Park & Planning Commission (Lawyers Weekly No. 001-188-17, 48 pp.) (Stephanie Thacker, J.) (Roger Gregory, C.J., concurring in part & dissenting in part) No. 15-2597; Oct. 18, 2017; U.S.D.C. at Greenbelt, Md. 4th Cir. ...

Tagged with: First Amendment

Lucero v. Early (Lawyers Weekly No. 001-186-17, 10 pp.) (Stephanie Thacker, J.) No. 16-1767; Oct. 13, 2017; USDC at Baltimore, Md. (J. Frederick Motz, S.J.) 4th Cir. Holding: In Ross v. Early, 746 F.3d 547 (4th Cir. 2014), this court ...

Tagged with: Freedom of Speech

Richmond County Board of Education v. Cowell (Lawyers Weekly No. 011-210-17, 12 pp.) (Richard Dietz, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: This court declared a now-repealed version of G.S. § 7A-304(a)(4b) unconstitutional in ...

Tagged with: Separation of Powers

In re Hughes (Lawyers Weekly No. 011-162-17, 22 pp.) (Linda McGee, C.J.) Appealed from the Industrial Commission. On remand from the N.C. Supreme Court. N.C. App. Holding: Although plaintiffs’ decedents were all involuntarily sterilized under the authority of the North ...

Tagged with: Eugenics

WidenI77 v. North Carolina Department of Transportation (Lawyers Weekly No. 011-140-17, 24 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County Superior Court (W. Osmond Smith III, J.) N.C. App. Holding: The General Assembly has enacted specific guidance within G.S. ...

Tagged with: DOT

In re Smith (Lawyers Weekly No. 010-030-17, 2 pp.) (Per Curiam) Appealed from the Industrial Commission. On appeal from the Court of Appeals. N.C. S. Ct. Holding: For the reasons stated in In re Redmond, ___ N.C. ___, (Mar. 17, ...

Tagged with: Eugenics

In re Hughes (Lawyers Weekly No. 010-029-17, 2 pp.) (Per Curiam) Appealed from the Industrial Commission. On appeal from the Court of Appeals. N.C. S. Ct. Holding: For the reasons stated in In re Redmond, ___ N.C. ___, (Mar. 17, ...

Tagged with: Eugenics