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Tort/Negligence – Personal Injury – Negligence Per Se – Regulatory Violations – Proximate Cause – Public Utilities – Utility Pole – Near Highway
Mosteller v. Duke Energy Corp. Plaintiff was a passenger in a vehicle that ran off the road and struck a utility pole inside the highway right-of-way, leaving plaintiff a quadriplegic. The defendant-power company allegedly violated N.C. Department of Transportation regulations by failing to apply for a permit for its placement of the pole; however, plaintiff's complaint fails because she [...]
Criminal Practice – Sentencing – Death by Vehicle – Second-Degree Murder – Single Sentence – First Impression
State v. Davis. When a defendant's convictions for felony death by vehicle and second-degree murder arise out of the same conduct, he may be punished only for second-degree murder and not for felony death by vehicle. Also, when a defendant's convictions for felony serious injury by vehicle and assault with a deadly weapon inflicting serious injury (ADWISI) arise out of the same conduct, h[...]
Criminal Practice – Second-Degree Murder – Malice – High-Speed Chase – Recklessness
State v. Mack. (Lawyers Weekly No. 10-07-0809, 14 pp.) (Martha A. Geer, J.) Appealed from Gaston County Superior Court. (Nathaniel J. Poovey, J.) N.C. App. Holding: Defendant, whose license was […]
Civil Practice – Motion for Continuance – Caveat Proceeding – Good Cause
In re Purported Will of Jones. (Lawyers Weekly No. 10-16-0711, 12 pp.) (Linda Stephens, J.) Appealed from Gaston County Superior Court (Beverly Beal, J.). N.C. App. Unpub. Holding: Even though […]
Top Legal News
- Prior consensual misconduct by officers not enough to put town on notice of sexual assault risk
- US Supreme Court rebuffs pharma challenge to Biden-era drug price
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- Trump dismisses lawsuit against IRS, court filing shows
- NC takes statewide approach to domestic violence prevention with new review collective
- Blown tire causes two rigs to collide
- Factual disputes block summary judgment on contractual duties
- Supreme Court backs jurisdiction in FAA arbitration case
- Company accused of using per diem structure to avoid overtime obligations
- DEA, police raided Bucks home at gunpoint. Wrong address, lawsuit says
- Franchisee contract claims proceed over alleged misuse of marketing fees
Commentary
- ‘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
- How do parent corporations deal with Workers’ Compensation?
