North Carolina Lawyers Weekly

  Upon defendant’s appeal to superior court from his district court convictions for injury to personal property and misdemeanor larceny, the prosecutor could amend the warrant by filing a statement of charges form to correct the name of the property ...

  In Mintz v. Mintz, 64 N.C. App. 338, 307 S.E.2d 291 (1983), our Court of Appeals held that, as a child approaches the age of 14, their custodial preference on visitation may be considered by the trial court. Not ...

A reasonable jury could find a black homeless man who had been stopped for walking alongside, instead of on, the sidewalk, and who was shot 22 times by West Virginia police officers had been secured, or at a minimum was ...

Where a salesperson alleged IBM defrauded him by “capping” his sales commissions despite allegedly representing they would not be capped, his claims for fraud, unjust enrichment or quantum meruit were not foreclosed by disclaimer language in which IBM reserved its ...

The case of first impression held that despite a bankruptcy code section providing that exempt property cannot be used to satisfy a debtor’s prepetition debts, the tax code makes clear the government’s right to set-off a tax overpayment against a ...

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

Without findings regarding the relative incomes and expenses of the parties during the marriage or the value of their estates, if any, the trial court’s conclusion that plaintiff is a dependent spouse and defendant was a supporting spouse is unsupported ...

  The trial court’s contempt order applies to a three-week period, and its findings of fact are not supported by evidence of the plaintiff-mother’s conduct during that period. Moreover, it was inappropriate for the trial court to bring the parties’ ...

The trial court’s order mentions the defendant-mother’s need for and receipt of public and charitable assistance, and the order is silent regarding the plaintiff-father’s income and support obligations. The trial court’s findings of fact are insufficient to establish whether either ...

Where the charter of the Greenville Utilities Commission empowers GUC to charge for contemporaneous use of its water and sewer systems, the charter does not contemplate charges for future services. Therefore, the charter did not authorize GUC to charge the ...