North Carolina Lawyers Weekly

A lawful permanent resident could not be removed under the Immigration and Nationality Act based on his conviction for participation in a criminal street gang under Virginia law because an individual can be convicted of that offense without committing a ...

  The parties’ contract to develop 368.79 acres of land said defendant “intends” to acquire the land. When defendant later declined to acquire some of the land (the disputed property), this was not a repudiation because it was not a ...

Where a prisoner’s three separate civil rights actions against corrections employees were dismissed on the same day, the prisoner could appeal the dismissals in forma pauperis because a dismissal does not count as a “prior occasion” under the Prison Litigation ...

C’s claims that defendants – a former DSM employee and his new employer, Honeywell – misappropriated DSM’s trade secrets cannot survive defendants’ summary judgment motion for several reasons, including DSM’s failure to show Honeywell used the alleged trade secrets and ...

In order to bring suit through outside counsel, the plaintiff-city’s ordinances required that the city council adopt a resolution. Without this required vote, the council lacked the authority to commence legal proceedings against the defendant Nances. We affirm the trial ...

Because the trial court did not indicate otherwise on the judgment form, defendant’s probation in case number 06 CRS 51521 ran concurrently with the active sentence he was serving in another case. Since the probation violation report was filed after ...

  Where defendant stipulated to a classification of a past conviction for carrying a concealed weapon that is impossible under the statute, he has – on appeal – successfully repudiated his plea agreement, which must be set aside in its ...

  Where a police officer (1) responded to a call about a shooting; (2) saw someone at the scene holding a towel; (3) believing that person was going to render aid, ran after him until he lost sight of the ...

In the court’s first construction of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), the court determines that the trial court should have added the plaintiff-father’s wife (Stepmother) as a party; moreover, the trial court should grant Stepmother “limited ...

The defendant failed to show a prior removal order was invalid because the regulation upon which he relied was a docketing rule that did not implicate the immigration court’s adjudicatory authority. Background Juan Cortez, a citizen of Mexico, was charged ...