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Tag Archives: Conspiracy

Tort/Negligence – Breach of Fiduciary Duty – Corporate Officer – Misappropriation of Trade Secrets – Broad Allegations – Unfair Trade Practices – Conspiracy – Interference with Contract (access required)

Aecom Technology Corp. v. Keating By alleging that defendant Keating was one of plaintiffs’ corporate officers, plaintiffs have sufficiently alleged that Keating owed plaintiffs a fiduciary duty. Defendants’ motion to dismiss is denied as to plaintiffs’ breach of fiduciary duty, unfair trade practices, and conspiracy claims. Defendants’ motion to dismiss is granted as to plaintiffs’ misappropriation of trade secrets and tortious interference with contract claims.

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Criminal Practice – Conspiracy – Drug Distribution – Evidence – Informant’s Testimony (access required)

U.S. v. Hackley Although this case “comes perilously close to the lower boundary” of what the 4th Circuit will accept to prove a conspiracy to distribute drugs, the appellate court accepts as sufficient proof an informant’s testimony that defendant said he was “still” getting his crack cocaine from his “family” in Maryland and his discussions with girlfriends about “telling on” someone else so he could get out of jail.

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Criminal Practice – Weapon Possession – Constructive Possession – Ownership – First Impression – Defective Indictment – Conspiracy – Restitution (access required)

State v. Billinger Although we have found no N.C. appellate decision directly on point, in accord with other jurisdictions, we find that evidence of defendant’s ownership of a sawed-off shotgun is sufficient to show his constructive possession of the weapon. We find no error in defendant’s conviction of possession of a weapon of mass death and destruction. We vacate both defendant’s conviction of conspiracy to commit robbery with a dangerous weapon and the trial court’s order of restitution.

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Civil Rights – 42 U.S.C. § 1983 – Malicious Prosecution – Probable Cause – Theft of Dog of Dog – Conspiracy – Family Relationship (access required)

Lewis v. Jordon. (Lawyers Weekly No. 11-03-1011, 12 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Even though plaintiff alleged that defendants arrested plaintiff for larceny of a dog without probable cause, defendants submitted affidavits to support their allegations that plaintiff’s ...

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Criminal Practice – Jailhouse Phone Call – Evidence – Authentication – Conspiracy to Sell Counterfeit Controlled Substance (access required)

State v. Mobley. (Lawyers Weekly No. 10-07-0755, 11 pp.) (Sanford L. Steelman Jr., J.) Appealed from Mecklenburg County Superior Court. (James W. Morgan, J.) N.C. App. Holding: The undercover officer who interacted with defendant during the drug buy identified defendant ...

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