North Carolina Lawyers Weekly

Where the owner of a blood testing laboratory and two lead salespersons were repeatedly warned that paying commissions to independent contractors might violate an anti-kickback statute, but they went ahead and paid physicians for drawing patients’ blood and processing the ...

DSS modified the respondent-mother’s case plan several times to adjust to her changing circumstances as she transitioned out of her own foster care placement into independent living; nevertheless, respondent (1) stopped visiting her son, (2) failed to complete parenting classes, ...

  A subcontractor hired to build a retaining wall was unable to do so properly, and he independently hired a new subcontractor (plaintiff) to build the wall. Where plaintiff’s own negligent work caused damage to the construction site, plaintiff was ...

  Since the paternal grandparents intervened in a custody battle before the defendant-father died, the trial court had statutory authority to grant the grandparents custody rights. However, the trial court violated the plaintiff-mother’s constitutional right to the custody, care and ...

  The state presented sufficient evidence that defendant acted with deceit and an intent to defraud so as to elevate her offense of obstruction of justice from a misdemeanor to a felony. For example, although defendant said she believed some ...

  Where plaintiff’s declaratory judgment claims were based on his allegations that defendants had breached a contract—the operating agreements of limited liability companies—a three-year statute of limitations applied, but it did not start to run until plaintiff became aware or ...

  Upon defendant’s appeal of the Court of Appeals’ majority opinion, affirming an order holding defendant in criminal contempt (The defendant-publisher of a Facebook page could be held in contempt when he ignored (1) an oral warning from a law ...

  Upon defendants’ appeal of the Court of Appeals’ majority ruling (When a nursing home resident was being moved to a more skilled facility, her daughter was presented with only the signature page of a three-page arbitration agreement, and that ...

  According to the trial court’s findings of fact, during the six months before the filing of the petition to terminate the respondent-father’s parental rights to “Jill,” he (1) made child support payments; (2) sent emails to the maternal aunt ...

  Even though the respondent-mother was a Virginia resident who gave birth to “Nancy” while visiting North Carolina, (1) Nancy, who was born 23 weeks prematurely, remained in North Carolina and (2) after Nancy was adjudged neglected and dependent by ...