North Carolina Lawyers Weekly

  After the defendant-probationer missed an appointment with his probation officer (PO), defendant’s phone was disconnected, so the PO contacted defendant’s relatives; however, the state presented no evidence that either relative notified defendant of the PO’s desire to contact him. ...

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

Where a former deputy commonwealth’s attorney brought a claim under the 14th Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

  The only remaining defendant in this medical malpractice action is the defendant-hematologist, Dr. Henry Cromartie. Plaintiff’s own (and only) causation expert testified that it was not foreseeable to Dr. Cromartie that his recommendations would not be timely followed and ...

Allegations that a 401(k) plan sponsor and management committee ignored an imprudent single-stock fund for several years was sufficient to support claims for breaches of the fiduciary duties of prudence and diversification imposed by the Employee Retirement Income Security Act ...

Where a search warrant issued in the course of a murder investigation specifically identified the computer to be searched, the items to be seized and the reasons for the search and seizure, the motion to suppress child pornography found on ...

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk and maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious ...

  Even though the respondent-mother’s visitation with baby “Tim” had been weekly, with decreasing levels of supervision, since she was noncompliant with parts of her case plan (e.g., a safe, stable home) and only partially compliant with other parts (e.g., ...

Where a broker executed trades on investors’ portfolio margin accounts in clear violation of a rule of the Financial Industry Regulatory Authority Inc., or FINRA, the arbitration panel did not manifestly disregard the law by imposing liability against the broker, ...

Where the Department of Homeland Security’s new definition of “public charge” in the Immigration and Nationality Act, or INA, was permissible, a nonprofit’s challenge to the definition failed because it could not show a likelihood of success on its claim. ...