North Carolina Lawyers Weekly

Where plaintiff alleges that he suffered a stroke at work and that the defendant-employer’s company nurse negligently diagnosed and treated him, plaintiff’s medical negligence claim does not fall under the Workers’ Compensation Act. We affirm the superior court’s denial of ...

  Defendant says he “[refused] his counsel’s recommendation” that they stipulate to his past convictions in a “knee-jerk” fashion. Defendant’s statement is a concession that he understood his trial counsel’s recommendation; the record nowhere reflects that defendant lacked an understanding ...

Even though (1) the state’s expert-witness pathologists’ opinions on the amount of the victim’s blood loss were not based on published reports, were not subject to peer review, and had not been tested for a potential rate of error and ...

A 2012 statute, G.S. § 15A-1331.2, limits prayers for judgment continued for high-level felonies to 12 months, with the possibility of a single 12-month extension. Although the statute is couched in mandatory terms, since the purpose behind the statute was ...

A defendant was not entitled to a jury instruction on entrapment after he responded to a Craigslist ad for “Boy Needing a Man” and after he made plans to meet with “Kelly” (actually an undercover police detective) despite being informed ...

  Although we have found no case addressing a trial court’s authority to place attorneys on disability inactive status, a trial court’s inherent authority to regulate attorneys before it must also include the authority to place an attorney on disability ...

  During a test drive of a “Loader,” the purchaser mentioned the Loader’s vibration to a sales representative. This does not mean the manufacturer had notice of the problem within the manufacturer’s warranty period. In addition, after the warranty had ...

After an automobile accident in North Carolina, the Tennessee plaintiff (1) filed suit against the Tennessee defendant within Tennessee’s one-year statute of limitations; (2) filed a voluntary dismissal without prejudice under Tenn. R. Civ. P. 41.01, which gave her one ...

 Where a county planning department official makes an interlocutory determination, and where an applicant relies on that determination to its detriment, the determination must be appealed by the county to its board of adjustment within 30 days; otherwise, the official’s ...

Where G.S. § 15A-145.5(c)(3) designates a petition for an expunction as “a motion in the cause in the case wherein the petitioner was convicted,” an expunction petition is part of the underlying criminal proceeding, making expunctions criminal matters. The statute ...