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 ...

Tagged with: Most Important Opinions

The most important opinions from the third quarter of 2018

Tagged with: Most Important Opinions

  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 ...

Tagged with: Most Important Opinions

  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 ...

Tagged with: Most Important Opinions

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Court of Appeals’ decision in State v. Cholon, which was included in the 2017 Most Important Opinions edition, was withdrawn by the North Carolina Supreme Court. ...

Tagged with: Most Important Opinions

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 ...

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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; ...

Tagged with: Most Important Opinions

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 ...

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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 ...

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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 ...

Tagged with: Most Important Opinions