North Carolina Lawyers Weekly

  Since a charter school is an extension of the state, a charter school is not a “person” subject to liability under the North Carolina False Claims Act. We reverse the trial court’s denial of the defendant-charter school’s motion to ...

  In this medical malpractice action, in an interrogatory response, plaintiff’s expert’s list of the documents she reviewed did not include plaintiff’s medical records. In her deposition, the expert equivocated when asked directly about the interrogatory response’s omission of defendant’s ...

Plaintiffs proffered evidence that the individual defendant, as the only officer of a condo association, failed to properly apply and account for assessments. Plaintiffs filed suit more than three years after the individual defendant’s wrongdoing; however, the court cannot determine ...

  Block grants made by Congress identify the state as the beneficiary of the funds, and they do not prohibit their appropriation by our General Assembly—the government branch that wields exclusive constitutional authority over the state’s purse. The General Assembly’s ...

Where a Maryland law requires newspapers and other media platforms to publish certain information about the political ads they carry and retain that information for inspection, the law violates the First Amendment under either strict or exacting scrutiny. Background A ...

Where the prison denied an inmate the ability to attend religious services or wear a beard of a certain length as a means of incentivizing him to improve his conduct, it may have violated his rights under the Religious Land ...

Where the facts showed a defendant convicted of carjacking acted with intent to cause death or serious bodily harm, his attempts to upset his conviction by attacking the jury’s verdict and bringing Fourth and Sixth Amendment challenges failed. Background Following ...

Where the Berkeley County School District and parties it has sued disagree about the existence and enforceability of arbitration agreements, there are disputes of material fact that must be resolved at trial. Background The appellants sought arbitration of federal and ...

Where the police would have inevitably discovered a firearm in a plastic bag during an inventory search following a lawful arrest of two people whom officers evicted from a hotel room, the defendant’s motion to suppress was denied. Background Police ...

Although the government did not challenge as procedurally unreasonable the downward departure of a sentence given to a man who pleaded guilty to assault for repeatedly injuring his infant son, the court was nevertheless required to analyze procedural reasonableness, which ...