North Carolina Lawyers Weekly

Although an employee was injured on a bridge spanning navigable waters, the location of the injury was insufficient to trigger coverage under the Longshore and Harbor Workers’ Compensation Act, or LHWCA. Background Kenneth Muhammad, a railroad employee, was injured while ...

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

Pursuant to paragraph C.2 of § 5 of the North Carolina Reinsurance Facility’s Standard Practice Manual, the respondent-insurance company had the right to have its request for reimbursement of extracontractual losses considered, but the insurance company did not have the ...

  After a large tract was subdivided several times, plaintiffs ended up with two easements (one from a 1989 map and one from a 2000 map) running across their land for the benefit of defendants’ lot. The 2000 easement language ...

  In a civil suit in which defendant’s former employer accused her of embezzlement, defendant and the employer entered into a settlement agreement pursuant to which defendant agreed to pay $13,500 and the employer signed a general release. Because the ...

The plea agreement between the state and defendant provided for a consolidated sentence of 290 to 408 months. Because some of defendant’s offenses were committed while another sentencing scheme was in place, the trial court sentenced defendant to two separate ...

  Defendant was charged with two assault offenses: assault by pointing a gun and assault with a deadly weapon. But the state’s only evidence regarding the two alleged assaults came from a single witness’s testimony that, in rapid succession and ...

  After defendant pleaded guilty to taking indecent liberties with a child, and at the hearing on his motion to dismiss the state’s petition to enroll him in satellite-based monitoring (SBM), the only evidence presented by the state was testimony ...

  In a single-car accident, both of the car’s occupants were ejected, and the state’s accident reconstruction expert could not say definitively who was driving. The trial court should not have allowed a lay witness – a state trooper who ...

  The defendant-driver was not negligent and did not have the last clear chance to avoid striking the plaintiff-pedestrian when plaintiff – who was screened from defendant’s view as she stood in front of a Ford Explorer that was stopped ...