“The dog did it” is not an acceptable excuse for an unconstitutional search, the North Carolina Court of Appeals has ruled.Read More »
In early 2006, Lionel Yow and two business partners borrowed $4.28 million from Regions Bank to develop a residential subdivision in Brunswick County to be known as Lighthouse Cove. Like so many dreams of that era, however, Lighthouse Cove wound up a victim of the financial crisis.
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Members of the North Carolina bar have done a lot of work over the past few decades to make the state’s legal profession more racially diverse and inclusive. While this work has been effective, there is concern that the success achieved so far might suggest that little else needs to be done.Read More »
A seven-figure award for an inventor who claims his employer reneged on his promised bonuses may grow after the North Carolina Court of Appeals ruled that the inventor can rescind the contract entirely and reclaim the patent rights to his creations.
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The suggestion that Aaron Hernandez will be treated the same as any other defendant charged with murder strains credulity, say lawyers who have represented sports figures accused of crimes like the one that landed the New England Patriots Pro Bowl player behind bars in June.Read More »
Changes in the latest edition of the American Psychiatric Association’s diagnostic manual are likely to have an impact in the courtroom. The fifth iteration of the Diagnostic and Statistical Manual of Mental Disorders – better known as DSM-5 – updated existed diagnoses, including a broadened definition of post-traumatic stress disorder; added new diagnoses; and eliminated disorders that appeared in previous editions, such as Asperger’s syndrome.Read More »
A federal judge in Maryland has dealt a stinging blow to the U.S. Equal Employment Opportunity Commission’s attempt to cast the use of pre-employment background checks as a discriminatory hiring practice. The EEOC maintains that criminal and credit background checks have a disparate impact on minority applicants, who comprise a disproportionate percentage of people with criminal histories or poor-credit records. However, Judge Roger W. Titus faulted the agency’s evidence, saying it would “condemn the use of common sense” to let the case against Dallas-based convention coordinating company Freeman proceed in U.S. District Court.
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Saying that debt collection agencies should be held to a “higher standard,” the North Carolina Court of Appeals ruled on August 6 that unlike other companies, such agencies can be sued for civil penalties even when their violations do not lead to any actual damages.Read More »
Looking to duck a process server? Moving into a building manned by a concierge might be a good idea. North Carolina’s law on service of process is rather murky when it comes to concierges and other building staff, such as doormen, signing for certified mail. The statute only states that service can be completed by “delivering to the addressee.”Read More »