North Carolina Lawyers Weekly

Plaintiff alleges a violation of South Carolina’s Financial Identity Fraud and Identity Theft Protection Act based on defendant’s website requiring plaintiff to enter six digits of his social security number in order to learn whether he had been affected by ...

Tagged with: Civil Practice

As they are ordinarily understood, the terms used in South Carolina’s disorderly conduct statute – “disorderly,” “boisterous,” “obscene,” and “profane” – make it hard to escape the conclusion that any person passing a schoolyard during recess is likely witnessing a ...

Tagged with: Constitutional

In denying disability benefits to plaintiff, who has suffered from and been treated for chronic depression for many years, the administrative law judge erred in according little weight to the opinion of plaintiff’s treating psychiatrist and in cherry-picking the few ...

Tagged with: Administrative

Years after the defendant-agencies developed their original environmental impact statement (EIS) for a proposed bridge over Currituck Sound, the state renewed its plans to build the bridge. In the interim, coastal development and traffic projections decreased, and expected sea level ...

Tagged with: Environmental

Even though plaintiff’s decedent, an ERISA plan participant, was incapacitated by illness during the period when he could have converted his employer-provided life insurance policy to an individual policy, and even though the participant tried to make the conversion 26 ...

Tagged with: Insurance

To the extent several subsections of North Carolina’s Property Protection Act punish newsgathering activities, those subsections violate the First Amendment. We affirm the district court’s determination that the subsections or the Property Protection Act (the Act) violate plaintiffs’ constitutional rights ...

Tagged with: Constitutional

Defendant’s supervised release could not have been revoked if he invoked his Fifth Amendment right against self-incrimination, so defendant was not excused from invoking his right to remain silent by the “classic penalty situation” when his probation officer asked if ...

Tagged with: Criminal Practice

Even though defendant has languished in pretrial detention for nearly six years while the government attempts to restore his competency to stand trial, since (1) the grave offenses – involving child sexual abuse material – with which defendant is charged ...

Tagged with: Criminal Practice

The plaintiff-salvage company argues that, after it spend a decade locating the wreck of the Queen Anne’s Revenge, the parties entered into a contract (the 2013 Agreement) to govern the treatment of the digital media and other matters related to ...

Tagged with: Contract

Even though individual defendant Crider is not a party to plaintiff Mary Annette, LLC’s operating agreement, defendants’ breach of contract counterclaim concerns an alleged breach, not of the Mary Annette operating agreement, but of an alleged oral agreement relating to ...

Tagged with: Contract