North Carolina Lawyers Weekly

  Where defendant set up a date with a high school classmate, did not appear to have an emotional reaction when the two of them were held up at gunpoint, and had lied to her classmate that she lived with ...

  The trial court properly struck two of defendant’s questions to the victims (“You accused another gentleman of raping you on Christmas 2012; is that not the case?” and “Have any other relatives in [defendant’s] family molested or abused you?”) ...

A multiemployer pension fund can pursue an alleged delinquent exit contribution from a former participating employer after the court held the complaint plausibly alleged this contribution was required by the plan documents. Background The Board of Trustees of the Sheet ...

A defendant properly received a sentencing enhancement under the Armed Career Criminal Act, or ACCA, because his prior state convictions for common law robbery and accessory before the fact of armed robbery both qualify as violent felonies. Background In 2009, ...

State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...

A defendant was properly subject to an enhanced sentence because his prior state conviction for distribution of crack cocaine qualified as a serious drug offense under the Armed Career Criminal Act, or ACCA, and a controlled substance offense under the ...

Because the plaintiff-bank’s 2017 complaint seeks to reform a 2005 deed of trust, the bank’s reformation action is barred by the 10-year statute of limitations applicable to sealed instruments. We reverse summary judgment for the bank. Background In late 2004, ...

  First a citation and then a misdemeanor statement of charges tolled the two-year statute of limitations on the misdemeanor charges against defendant. While the action was pending in district court, the statute of limitations was tolled, so, when a ...

  When the 69-year-old defendant (1) wrote a letter to an 11-year-old girl, requesting sex to make him “feel young again” and (2) attempted to deliver the letter to the child through her grandmother, an attempt to carry out defendant’s ...

  Even though defendant had not yet been sentenced when he attempted to withdraw his guilty plea, since the judge had told him what his sentence would be 10 weeks earlier, we apply the manifest-injustice standard and uphold the trial ...