North Carolina Lawyers Weekly

  Where (1) defendant objected to more than 70 crime-scene photographs, (2) the trial court reviewed the photographs in camera and ruled on each individually, and (3) the trial court sustained roughly 20 of defendant’s objections to individual photographs, the ...

  There is nothing about use of the term “disclose”, standing alone, that conveys believability or credibility. Even if we assume there was error when the trial court did not intervene when the term “disclose” was used, there was substantial ...

While plaintiff was renovating a house in Summerfield, his family resided in their home in Greensboro; during that time, plaintiff was elected to Summerfield’s Town Council. After the election, plaintiff also returned to live in the Greensboro home. Although there ...

Not only did plaintiff violate many non-jurisdictional appellate rules (by failing to timely serve the proposed record on appeal as required by N.C. R. App. P. 11(b), by failing to timely file the record on appeal pursuant to Rule 12(a), ...

Respondent’s only argument on appeal is that Dr. Richard Benson’s petition to involuntarily commit her lacked sufficient facts to show reasonable grounds for involuntary commitment. However, because respondent did not challenge the sufficiency of the petition during the initial involuntary ...

In these bellwether asbestos cases – chosen from more than 100 claims against the defendant-tire manufacturer – the Industrial Commission first looked to whether plaintiffs had been exposed to asbestos in their employment. Proof of such exposure was plaintiffs’ burden, ...

Although the United Mine Workers Benefit plan argued that Consol Energy’s change in benefits violated federal law, the alleged risk of harm to the beneficiaries was too speculative to confer standing. Background Consol Energy Inc. is required under the Coal ...

Where a company licensed the use of a trademark without disclosing that the company itself was under a license to use that mark, and failed to disclose the license at any point during the discovery process, barring the company from ...

Where an administrative judge explained why an expert convincingly opined that a miner who smoked two packs of cigarettes a day for 50 years did not suffer from black lung disease, the miner was not entitled to benefits under the ...

Where agents demonstrated that a wiretap was necessary in light of the defendant’s remote location and the lack of success that traditional investigative methods had against his co-conspirator, the defendant charged with conspiracy could not suppress the evidence. Background Demetrius ...