North Carolina Lawyers Weekly

Where (1) defendant Hornwood, Inc. (defendant) is the majority member of the nominal defendant limited liability company (LLC); (2) defendant owned all of the manufacturing facilities at which the LLC’s products were manufactured; (3) plaintiff was not capable of manufacturing ...

Even though GPS data collected by the Department of Public Safety is privileged, the privilege belongs to DPS, and DPS waived that privilege by releasing data to law enforcement as to where defendant traveled on the date of the victim’s ...

Since defendant was sentenced to community punishment, G.S. § 15A-1343.2(d)(1) required the trial court to make specific findings that a probationary period of longer than 18 months was necessary when the trial court set the probationary period at 24 months. ...

The defendant-probationer was a passenger in a car that was stopped for careless and reckless driving. Defendant’s excessive movements prompted an officer to remove him from the passenger seat; defendant appeared impaired; and a subsequent search of the vehicle revealed ...

After being assessed a civil penalty for running a red light in Greenville, plaintiff brought a challenge under our state constitution’s prohibition against “local” laws “relating to health…” N.C. Const. art. II, § 24(1)(a). However, plaintiff’s challenge was brought, not ...

Although there was no direct evidence that the children’s mother used drugs in their presence or while she was supervising them, there was evidence that her behavior adversely affected the children. In addition, since the mother invoked her Fifth Amendment ...

Although the testator’s caretakers—new beneficiaries under his revised will—were bequeathed only $7,000 apiece from a $2 million estate, the caveator nevertheless forecasted evidence that, at the time his revised will and trusts were executed, the testator was confused and unsure ...

In a mediated settlement agreement, the now-deceased Wife and the defendant-Husband agreed to maintain life insurance policies on themselves—$1 million on Wife and $2 million on Husband, naming each other as beneficiaries—and to set up trusts for their children “so ...

After a police officer, while driving his cruiser, struck and killed a pedestrian, the officer is entitled to public official immunity because plaintiff’s evidence that the officer looked at his computer and twice moved out of his lane of traffic ...

Fines collected pursuant to the City of Greenville’s red light camera program are paid to the school board, but the city violates N.C. Const. art. IX, § 7 and G.S. § 115C-437 when it charges the school board for enforcement ...