North Carolina Lawyers Weekly

  State laws require all drivers to yield the right-of-way to any pedestrians passing through a marked crosswalk, but bicyclists don’t qualify as “pedestrians” for the purposes of those laws, the North Carolina Court of Appeals has unanimously ruled in ...

Tagged with: pedestrian

  Six plaintiffs alleging numerous civil rights violations have settled their lawsuit against the Harnett County Sheriff’s Office and several deputies for $6 million, the limits of the agency’s insurance policy, their attorneys report. The plaintiffs were represented by Robert Zaytoun, Matthew Ballew, ...

Tagged with: Sheriff

A Concord-based transportation management company did not commit age discrimination when it dismissed a former employee after eliminating his position, a federal jury has ruled.   Attorneys Bernard Tisdale, Kathleen Lucchesi, and Joshua Adams of Jackson Lewis in Charlotte report that their client, Cardinal Logistics Management Corporation, terminated ...

Tagged with: Age Discrimination

  When deciding whether a sperm donor qualifies as the “parent” of a minor child conceived via artificial insemination, a court should apply the paternity laws of the state where the insemination and birth took place, a unanimous panel of ...

Tagged with: custody

  Allegedly malicious misrepresentations that were made during a public hearing in opposition to a proposed land rezoning constituted protected petitioning activity and thus couldn’t form the basis of a lawsuit alleging tortious interference, the North Carolina Supreme Court has ...

Tagged with: rezoning

  In the sporting world, athletes often “play hurt” through a variety of physical injuries. Competing now is their focal point, and long-term health risks the afterthought.   The practice of law is similar in many respects. Many lawyers often find it difficult, no matter what else they may be going through, to call for a substitute. So, they put ...

Tagged with: mental health

  A defendant who waived his right to a jury trial wasn’t prejudiced when the trial court failed to conduct the statutorily required colloquy before beginning the bench trial, a divided North Carolina Supreme Court has ruled.   In the June ...

Tagged with: Bench Trial

A divided North Carolina Supreme Court has adopted a new test to determine whether prosecutors have presented enough evidence for a jury to determine that a defendant had the intent to sell or deliver methamphetamine found in his possession, endorsing a four-factor analysis first ...

Tagged with: Methamphetamine

  The North Carolina Supreme Court has upheld the first-degree murder conviction of a Gaston County man who starved his 4-year-old disabled stepson to death, finding that the requisite malice for a murder by starvation conviction is present when a parent withholds sufficient nourishment from a child, even if they provide some food and ...

Tagged with: starvation

An inmate whose doctor disclosed his HIV status to others within earshot of their conversation doesn’t have a private right of action based on the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the 4th U.S. Circuit Court of ...

Tagged with: HIPAA