North Carolina Lawyers Weekly

Jul 21, 2026

Two Charlotte women file federal claims against immigration agents after Operation Charlotte’s Web arrests

Two Charlotte mothers are seeking federal accountability after immigration agents followed them, boxed in their vehicle, smashed a car window with a rifle barrel, and arrested them at gunpoint during […]

May 19, 2026

US Supreme Court rebuffs pharma challenge to Biden-era drug price

The U.S. Supreme Court declined on May 18 to hear a pharmaceutical industry challenge to a plan to curb Medicare drug prices adopted during Democratic former President Joe Biden’s administration that drugmakers argued illegally […]

Mar 9, 2026

Trump administration seeks to revive executive orders targeting law firms

President Donald Trump’s administration asked a federal appeals court on March 6 to revive his executive orders that sought to punish four major U.S. law firms, arguing that federal judges […]

Aug 20, 2025

Judge dismisses part of ‘Alligator Alcatraz’ detainee lawsuit, transfers case

A Miami federal judge dismissed part of the Alligator Alcatraz detainee lawsuit and transferred remaining First Amendment claims over attorney access to Florida’s Middle District.

Jul 13, 2025

SCOTUS wrap-up: Terror victims can sue PLO in federal court

U.S. Supreme Court rules federal courts can exercise personal jurisdiction over the Palestine Authority and PLO in suits for civil damages brought by terror victims.

Mar 3, 2015

The Fifth comes first

In a recent opinion issued by the North Carolina Court of Appeals, Judge Rick Elmore wrote that defendant Hemant Patel “is afforded no choice but to suffer the consequences of […]

Jan 2, 2014

Court-ordered psych evidence doesn’t violate 5th Amendment

WASHINGTON — Defendants who offer a diminished capacity defense cannot seek to exclude rebuttal evidence from court-ordered mental evaluations on Fifth Amendment grounds, the U.S. Supreme Court ruled in Kansas […]

Feb 10, 2012

Criminal Practice – Larceny of a Dog – Evidence – Present Recollection Refreshed – Reading of Statement – Sent to Jury Room – Constitutional – Fifth Amendment

State v. Harrison Witness Kristyn Stanco testified that her past recorded statement refreshed her memory; nevertheless, she was allowed to read that statement to the jury. Even if this was error, it was not plain error. Stanco testified independently about the contents of the statement, and the jury heard nothing from her reading of the statement that it did not hear from her. In addition[...]

Dec 10, 2010

Defendant couldn’t take the Fifth and argue contributory negligence

It's one thing for a client to exercise Fifth Amendment rights in a criminal case. In a civil case, it's another thing altogether. An opinion from the N.C. Court of Appeals last week reiterated in no uncertain terms that a party in a civil case can refuse to answer questions from opposing counsel during discovery, but not without consequences. The issue is relatively rare in civil cases. "But you [...]

Dec 9, 2010

Tort/Negligence – Fifth Amendment – Civil Action – Discovery – Contributory Negligence

Lovendahl v. Wicker. A defendant in a civil case can assert his Fifth Amendment rights and refuse to answer questions in a deposition, but not without consequence to his civil case. Where defendant refused to answer questions at his deposition . . .

Jul 12, 2010

Criminal Practice – Juvenile – Constitutional – Fifth Amendment – Miranda Violation – Admission – Drug Seizure

In re L.I. (Lawyers Weekly No. 10-07-0599, 15 pp.) (Robert C. Hunter, J.) Appealed from Durham County District Court. (Brian C. Wilks, J.) N.C.App. Holding: The arresting officer told the […]