North Carolina Lawyers Weekly

Where a nonprofit veteran’s group claimed the Department of Defense has not fulfilled its statutory duty to timely publish decisions by its review boards, the suit did not challenge a final agency action but was a “programmatic attack” on DoD’s ...

Where the defendant argued his trial counsel rendered ineffective assistance by failing to move to suppress incriminating statements made in violation of Miranda, an evidentiary hearing was required to determine whether he was in custody at the time of his ...

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

Where mortgage and appraisal companies pressured home appraisers to raise values in order to obtain higher loans, a class of plaintiffs was granted summary judgment on its claim for unconscionable inducement under the West Virginia Consumer Credit and Protection Act. ...

In a case of first impression, a private party is entitled to assert the good-faith defense to liability under § 1983. As such, unions that collected representation fees from nonunion teachers prior to the Supreme Court holding such fees were ...

The trial court’s evidence-supported findings of fact (1) describe “Sarah’s” exposure to domestic violence and substance abuse in the respondent-mother’s care; (2) note respondent’s incarceration on criminal charges, lack of stable employment or housing, and self-professed addiction to methamphetamine; (3) ...

When plaintiff reviewed defendants’ marketing budget, plaintiff was concerned that the budget was insufficient to support the marketing activities that plaintiff was to perform. Although defendants assured plaintiff that the budget was only a draft and would be revised to ...

Plaintiff’s and appellant Sullivan’s claims for damages arising out of a fire were consolidated for trial. Although the actions were to be tried together for the sake of convenience and judicial economy, the actions remained separate suits. Sullivan was not ...

Our Supreme Court remanded for review in light of State v. Golder, 374 N.C. 238, 839 S.E.2d 782 (2020), which held that “under Rule 10(a)(3) and our case law, defendant’s simple act of moving to dismiss at the proper time ...

Even if the trial court erred when it allowed victim “Paige’s” therapist to testify that Paige’s symptoms—difficulty sleeping, poor appetite, anxiety, significant feelings of low self-worth and thoughts of committing self-harm—were consistent with the disclosure of suffering sexual abuse, there ...