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Lawsuit accuses North Carolina school system of neglect
WINSTON-SALEM (AP) A lawsuit filed against a North Carolina school system and its board of education says an elementary school in need of repairs was discriminated against because of race. The Winston-Salem Journal reports the lawsuit, filed Aug. 13 against the Winston-Salem/Forsyth County Schools and its board of education, centers on Ashley Elementary School. The Action4Ashley Coalition says [...]
Williams resigning from House; Hanes’ successor named
RALEIGH (AP) There are more comings and goings at the North Carolina House as one Republican member will resign and local activists chose a replacement for a Democrat who stepped down last week. GOP Rep. Linda Hunt Williams of Wake County announced Aug. 13 she is retiring Aug. 31 because her husband is taking a […]
Judge won’t dismiss lawsuit against school in NC bus death
A Forsyth County judge has refused to dismiss a lawsuit by the parents of an 11-year-old boy killed two years ago while crossing the road to catch a school bus.
Sheriff wants to trade Tommy guns for rifles
A North Carolina sheriff could get the OK to trade a pair of vintage Tommy guns for dozens of new rifles for his deputies.
Bankruptcy – Civil Practice — Standing — Rooker-Feldman — Collateral Estoppel
Thompson v. West The appellants argue that the guardian of their sister’s estate, who is not related to their sister, lacked the authority to file a bankruptcy petition on their sister’s behalf; however, the appellants’ status as siblings does not give them standing to intervene in their sister’s bankruptcy case.
Minister accused in student’s death at bus stop
Authorities have charged a Forsyth County minister with passing a stopped school bus, leading to the death of a sixth-grader who was crossing the road to get to the bus.
County wants elections board lawsuit dismissed
Forsyth County officials want a judge to dismiss a lawsuit challenging the county, its elections board and elections director.
Forsyth County’s pre-meeting prayers unconstitutionally divisive
A divided three-judge panel of the U.S. 4th Circuit Court of Appeals has ruled that prayers at Forsyth County Board of Commissioners meetings that mention Jesus and other tenets of Christianity violate the Establishment Clause of the U.S. Constitution. “Sectarian prayer is unconstitutional,” said Katherine Lewis Parker of the American Civil Liberties Union of N.C., who represented plaintiff[...]
Forsyth County hopes that 4th Circuit is answer to prayers
The legal battle, in which the county lost its first two skirmishes, renewed May 12 with oral arguments in front of the U.S. 4th Circuit Court in Richmond, Va. The Forsyth County Board of Commissioners invites local clergy to open meetings with a sectarian prayer. But in 2007, Forsyth County residents Janet Joyner and Constance Blackmon filed a federal lawsuit claiming the Board of Commissi[...]
Criminal Practice – Search & Seizure – License Checkpoint – Constitutional – Drugs & Weapons Charges
State v. Nolan. (Lawyers Weekly No. 11-07-0414, 26 pp.) (Ann Marie Calabria, J.) Appealed from Forsyth County Superior Court. (James E. Hardin Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: Where the primary programmatic purpose of the checkpoint at which defendant was stopped was “the detection of drivers operating […]
Trusts & Estates – Wills – Executor – Commission – Clerk’s Discretion
In re Estate of Slick (Lawyers Weekly No. 11-16-0360, 9 pp.) (John C. Martin, Ch.J.) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The testator’s will made no provision for commissions for its executors. In determining the amount of […]
Tort/Negligence – Infliction of Emotional Distress – Statute of Limitations – Tolling – Incompetence
Fox v. Sara Lee Corp. When woman alleges sexual assault by a co-worker, the statute of limitations to file a claim for emotional distress is tolled during the time that the she was unable to manage her affairs as a . . .
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