Contract – Settlement Agreement – Undue Influence
A reasonable jury could find that Plaintiff’s settlement agreement releasing claims against the City was procured through undue influence given her age, financial distress, and the coercive circumstances surrounding the […]
Corporate – Misappropriation of Trade Secrets – Breach of an Employment Agreement
The complaint plausibly alleged that the defendant misappropriated trade secrets and breached his employment agreement by using confidential information to form a competing business, thereby supporting claims for breach of […]
Domestic Relations – Neglect – Adjudication Order
Competent evidence, including the mother’s ongoing mental health issues, substance use, and exposure of the children to domestic violence and erratic behavior, supported the conclusion that the children faced a […]
Domestic Relations – Willful Abandonment – Domestic Violence Protective Order
Clear, unchallenged findings showed the father willfully abandoned his child by making no effort to maintain contact or support during the relevant six-month period despite having the ability to do […]
Criminal Practice – Rogers-Singletary Error – Warrantless Search
The written judgment imposed broader supervised release conditions than those orally pronounced, creating a material discrepancy under its Rogers-Singletary precedent. We vacated and remanded for resentencing. Defendant pleaded guilty to […]
Contract – Specific Performance – Beneficial Economic Interest
The trial court acted within its discretion given the inadequacy of monetary damages and the contractual evidence of shared economic interests. We affirmed an order of specific performance enforcing a […]
Constitutional – Open Courts Clause – Disparate Impact
We rejected constitutional challenges seeking removal of a Confederate monument located outside the county courthouse. We affirmed summary judgment for the county. Plaintiffs, civil rights organizations and local residents, argued […]
Civil Practice – Patient Safety Act – Medical Malpractice Discovery
We clarified limits of overlapping federal and state privileges in medical malpractice discovery, holding that generalized assertions of privilege are insufficient and that parties must specifically demonstrate that materials fall […]
Workers’ Compensation – Injury by Accident – Occupational Disease
The North Carolina Industrial Commission failed to address the plaintiff’s injury-by-accident claim and multiple evidentiary issues, precluding meaningful appellate review. We vacated and remanded the Industrial Commission’s denial of dea[...]
Domestic Relations – Termination of Mother’s Parental Rights – Second-Degree Murder of Father
The trial court properly applied the statutory best-interest framework and did not misapprehend the law in determining that termination was necessary to achieve permanency for the child. We affirmed an […]
Domestic Relations – Termination of Parental Rights Petition – Appellate Review in Juvenile Cases
The appeal was procedurally improper because termination of parental rights (TPR) petitions had been filed within the statutory period, thereby foreclosing immediate appellate review. We dismissed a mother’s appeal from […]
Domestic Relations – Termination of Parental Rights – Alternative Child Care Arrangement
The trial court’s findings were insufficient to support termination under several statutory grounds and failed to adequately address required elements of dependency. We vacated the termination order and remanded, instructing […]
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