North Carolina Lawyers Weekly

  We affirm the Business Court’s award of attorneys’ fees against plaintiffs’ counsel individually as a sanction for discovery violations (Although plaintiff Preiss showed up an hour and a half late – unaccompanied by counsel – for her deposition, since ...

Given our Court of Appeals’ holding (Even though the trial court did not follow G.S. § 15A-1225.1 when it granted the state’s mid-trial motion to allow a child witness to testify remotely, defendant has shown no prejudice. By the time ...

G.S. § 15-144 sets out the wording to be used in short-form indictments for murder and for manslaughter. Although the statute’s wording for murder is “kill and murder” while the wording for manslaughter is “kill and slay,” the critical difference ...

Petitioner’s notice of appeal has neither been file-stamped nor time-stamped to indicate when petitioner filed it with the Office of Administrative Hearings. Due to petitioner’s lack of knowledge regarding OAH’s policy of not adding a file-stamp to emailed notices of ...

A university professor who alleged she was paid less than male colleagues failed to persuade the court the difference in pay was due to her gender. Instead, the court held the difference was based on legitimate factors, including different job ...

In a dispute between a commercial tenant and its landlord, the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the lease, but those damages will be ...

A defendant was not entitled to a departure from the mandatory minimum sentence based on his completion of a term of imprisonment on a related offense because no congressional statute authorizes a departure from the mandatory minimum sentence on this ...

In an issue of first impression, the court held that a defendant who persuaded a jury in a civil False Claims Act case that he did not defraud the government could not use that success as a shield against criminal ...

  Plaintiff makes general allegations that its defendant-competitor acted “with knowledge” of Stephen Carroll’s employment contract with plaintiff when defendant hired Carroll and directed him to divulge plaintiff’s confidential information. These conclusory accusations are insufficient to allege that defendant knew ...

Where a contraceptive device, regulated by the Food and Drug Administration, failed to work as intended, forcing the plaintiff to undergo a total hysterectomy to have it removed, the manufacturer of the device could not remove the action to federal ...