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
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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
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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
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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
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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
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A mother who says that her three children were repeatedly bullied and sexually harassed at school will be able to sue the Pitt County School Board for interfering with her children’s constitutional right to a sound basic education, the ...
Tagged with: Harassment
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The 4th U.S. Court of Appeals has revived a worker’s claim of same-sex sexual harassment, joining its sister circuits in holding that such plaintiffs aren’t limited to three distinct evidentiary options to make their claims. Chazz Roberts was hired ...
Tagged with: same-sex sexual harassment
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An insurance company didn’t have any duty to defend a North Carolina law firm that is defending itself against a federal class action lawsuit alleging that that the firm knowingly violated the Driver’s Privacy Protection Act (DPPA), the state’s ...
Tagged with: DPPA
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A Cabarrus County man has been awarded more than $60,000 in a dispute with his late mother’s boyfriend over a continuing stream of income from the mother’s residual sales commissions. Elliot Fus of Blanco Tackabery in Winston-Salem reports that his client, Christopher ...
Tagged with: Conversion
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A co-conspirator who lives with another defendant and engages in a plan to commit arson can qualify as “another person” for the purpose of establishing a required element of arson, the North Carolina Court of Appeals has unanimously ruled in a case of first impression. In State v. Lance, the appeals court ...
Tagged with: Arson
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North Carolina Lawyers Weekly
