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Most Important Opinions 2021
Arbitration Non-Party – Credit Card – Equitable Estoppel In a case arising out of the installation of a water treatment system in plaintiff’s home, defendant Home Depot is not entitled to enforce the arbitration provisions in plaintiff’s credit card contract or in his contract with the installation professional. We affirm the trial court’s denial of Home […]
Most Important Opinions for the 3Q 2018
The most important opinions from the third quarter of 2018
Most Important Opinions for 2Q 2018
The most important opinions for the second quarter of 2018 Administrative State disability findings may deserve substantial weight An administrative law judge erred in according little weight to a North Carolina Department of Health and Human Services determination that the Social Security claimant qualified as disabled. The ALJ also did not properly consider the […]
Most Important Opinions 1Q 2018
Administrative DWI – Breathalyzer Refusal – License Revocation – Evidence – Hearsay – Witness’ Reliability Holding: Regardless of the reliability of the witness who told a state trooper that petitioner had driven drunk, the trooper could consider the witness’ statement in his determination that he had a reasonable belief that petitioner had driven […]
Important opinion withdrawn
As pointed out to us by Assistant Appellate Defender John Carella, the North Carolina Court of Appeals’ decision in State v. Cholon, which was included in the 2017 Most Important Opinions edition, was withdrawn by the North Carolina Supreme Court. Here’s the holding from the Cholon digest: Even though, during closing arguments, defense counsel admitted […]
Most Important Opinions of 2017
Administrative Court Upholds AWA License Renewal Rules PETA v. U.S. Dep’t of Agriculture (Lawyers Weekly No. 001-141-17, 19 pp.) (Thacker, J.) No. 16-2029, June 28, 2017; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: In PETA’s suit challenging the U.S. Department of Agriculture’s regulations under the Animal Welfare Act for license renewal of animal […]
Most Important Opinions 3Q 2017
The most important opinions from North Carolina Lawyers Weekly for the 3Q of 2017 Administrative Court Upholds AWA License Renewal Rules PETA v. U.S. Dep’t of Agriculture (Lawyers Weekly No. 001-141-17, 19 pp.) (Thacker, J.) No. 16-2029, June 28, 2017; USDC at Raleigh, N.C. (Dever, J.) 4th Cir. Holding: In PETA’s suit challenging the U.S. […]
Most important opinions, second quarter 2017
The most important opinions from the second quarter of 2017. Administrative Criminal Practice – DWI – Driver’s License Revocation – Willful Refusal – Blood Test St. John v. Thomas (Lawyers Weekly No. 012-085-17, 15 pp.) (Valerie Zachary, J.) Appealed from Union County Superior Court (Christopher Bragg, J.) N.C. App. Unpub. Holding: Even if petitioner was […]
Most Important Opinions for 2016
Administrative Driver’s License Revocation – Breathalyzer Refusal – DWI Dismissal – Constitutional – Fourth Amendment Farrell v. Thomas (Lawyers Weekly No. 011-139-16, 17 pp.) (Richard Dietz, J.) (Chris Dillon, J., concurring) (Robert Hunter Jr., J., dissenting) Appealed from Wake County Superior Court (G. Bryan Collins, J.) N.C. App. Holding: The state dismissed the driving while [&hell[...]
Most Important Opinions Third Quarter 2016
Administrative Lawyer Must Provide SSN, or Lose License Tankersley v. Almand (Lawyers Weekly No. 001-141-16, 41 pp.) (Diaz, J.) No. 15-1081, Sept. 13, 2016; USDC at Baltimore, Md. (Bennett, J.) 4th Cir. Holding: A Maryland lawyer who refused to provide his social security number when paying an annual fee to the Maryland Bar’s Client Protection […]
Most Important Opinions Second Quarter 2016
July 4 Administrative Driver’s License Revocation – Breathalyzer Refusal – DWI Dismissal – Constitutional – Fourth Amendment Farrell v. Thomas (Lawyers Weekly No. 011-139-16, 17 pp.) (Richard Dietz, J.) (Chris Dillon, J., concurring) (Robert Hunter Jr., J., dissenting) Appealed from Wake County Superior Court (G. Bryan Collins, J.) N.C. App. Holding: The state dismissed the […]
Most Important Opinions First Quarter 2016
April 18 Administrative Driver’s License Revocation – Criminal Practice – DWI – Blood Test Refusal Burris v. Thomas (Lawyers Weekly No. 011-002-16, 11 pp.) (Richard Dietz, J.) Appealed from Gaston County Superior Court (Forrest Bridges, J.) N.C. App. Unpub. Holding: While in the hospital after an accident, petitioner refused to consent to a blood draw; […]
Top Legal News
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- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
