Free Newsletter
Constitutional – Fourth Amendment – Eighth Amendment
A reasonable jury could find facts that would establish a violation of plaintiff’s Fourth Amendment and Eighth rights. We vacated the district court’s judgment and remanded for further proceedings. Plaintiff, […]
Constitutional – First Amendment – Surveyor’s License – North Carolina Engineering and Land Surveying Act – Strict Scrutiny – Intermediate Scrutiny – Substantial State Interest
The NC Board of Examiners for Engineers and Surveyors did not violate plaintiffs’ First Amendment rights by restricting plaintiffs’ ability to offer their services without first obtaining a surveyor’s license. […]
Constitutional – Red Light Camera Enforcement Program – Interlocal Agreement – Direct Injury – Fines and Forfeitures Clause
As residents and taxpayers of Pitt County, plaintiffs have standing to challenge the Red-Light Camera Enforcement Program and seek injunctive and declaratory relief. Therefore, the RLCEP, and the statute authorizing […]
Constitutional – Second Amendment – As-Applied Challenge – Mens Rea – Educational Property – N.C.G.S. §14-269.2(b) – Lack of Sufficient Evidence
The application of N.C.G.S. §14-269.2(b) to Defendant’s case, where Defendant’s vehicle was parked in a parking lot of the university hospital where he sought treatment and his firearms remained within […]
Constitutional – Qualified Immunity – Jurisdiction – Fourth Amendment – Unreasonable Seizures of Property — §1983 Claim
We declined to exercise jurisdiction over the appeal with respect to defendant deputy, as the issues it presents are not inextricably intertwined with our resolution of the qualified immunity issues. […]
Constitutional – Ministerial Exception to Title VII – Sex Discrimination – Religious School
Because plaintiff teacher played a vital role as a messenger of defendant Charlotte Catholic High School’s (CCHS) faith, he falls under the ministerial exception to Title VII. We reversed the […]
Constitutional – COVID-19 – Executive Orders – Closure of Businesses – Closures of Bars – Fruits of Labor Clause –Takings Clause – Fifth Amendment – Regulatory Taking – Compensation –Emergency Management Act – Eminent Domain
Defendant Governor Roy Cooper did not commit a “taking” of plaintiffs’ property under our constitution. However, the trial court erred in denying plaintiffs’ partial motion for summary judgment for liability […]
Lawyers’ coalition provides new messengers to Black voters
WASHINGTON — Young Black lawyers and law students are taking on a new role ahead of the general election: Meeting with Black voters in battleground states to increase turnout and […]
Constitutional – Unauthorized Transfer of Land Designated as Cemetery – NC Cemetery Act – Marketable Title Act – N.C. Gen. Stat. §65-69 – Void for Vagueness
N.C. Gen. Stat. §65-69(d) is not void for vagueness as applied; defendants designated the entirety of the Swain and Fairview Memorial Cemeteries for cemetery purposes through their representations to plaintiff, […]
Constitutional – Confederate Monument – Open Courts Clause – Equal Protection Clause – North Carolina Constitution – Monument Protection Law
Defendants lack authority from our General Assembly to remove a Confederate monument based on the Monument Protection Law, which as applied in this dispute is constitutional. We affirmed the trial […]
Constitutional – 8 U.S.C. §1326 – Racially Discriminatory Purpose – Fifth Amendment Violation – 1929 Act
We rejected defendants’ constitutional challenges to § 1326. We affirmed the judgment of the district court. Defendants are six non-citizens indicted for illegally reentering the U.S. following their prior removal, […]
Constitutional – PREP Act – COVID Liability Immunity – Federal Preemption – COVID Vaccination
Bound by the broad scope of immunity provided by the PREP Act, we were constrained to hold it shields defendants from plaintiffs’ claims relating to the administration of the COVID-19 […]
Top Legal News
- Deleted files cost defendants in trade secret case, NC Supreme Court rules
- Telecoms denied right to jury in FCC data security actions
- Anthropic urges AI labs to pause development, warns humans risk losing control
- Guilty plea barred direct appeal of habitual felon challenge
- Fabrication claims revived in wrongful conviction lawsuit
- AG Jackson joins coalition urging Congress to reject federal children’s online safety bill
- US Supreme Court sides with FCC in clash with wireless carriers over fines
- Oral compensation agreement claim survives against drone company
- US cites forced labor concerns as grounds for new tariffs
- Future mortgage-interest damages recoverable after delayed home closing
- Excessive force allegations against officers survive dismissal
Commentary
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
