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Immigration – Latest Entry Counts for ‘Moral Turpitude’ Removal
Sijapati v. Boente (Lawyers Weekly No. 001-035-17, 13 pp.) (Wynn, J.) No. 15-1204, Feb. 1, 2017; On Petition for Review; 4th Cir. Holding: A Nepali citizen who was convicted of felony embezzlement, a crime involving moral turpitude, within five years of his most recent entry into the U.S. in 2003, can be deported under 8 […]
Criminal Practice – Plain Error Review – Jury Instructions – Kidnapping – Removal
State v. Boyd Where there was no evidence that defendant “removed” the kidnapping victim, it was plain error for the trial court to instruct the jury that it could find defendant guilty if he confined, restrained “or removed the victim from one place to another.”
Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings
New Jerusalem Rebirth & Restoration Ministries, Inc. v. Meyer The N.C. courts have not addressed whether an insurance adjuster may be subject to individual liability for unfair trade practices. In the absence of an N.C. case that squarely resolves that plaintiff’s claim is not actionable, there is at least some possibility that plaintiff may recover against the defendant-adjuster under [...]
Civil Practice – Lay Representation – ‘Power of Attorney’ – Subject Matter Jurisdiction – Removal
Bank of America Inc. v. Campbell Even though Anthony Clay Campbell purports to be defendants’ attorney-in-fact, since he is not an attorney-at-law, he is not authorized to represent defendants in court.
Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding
Hardig v. Certainteed Corp. Even if the plaintiff class were limited to the 501 homes in the Fieldstone Farms subdivision in Indian Trail, the materials alone for replacing the allegedly defective siding would cost $4,000 per home, and plaintiffs seek treble damages under the N.C. Unfair and Deceptive Trade Practices Act; therefore, the amount in controversy for the materials alone exceed[...]
Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal
Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.
Civil Practice – Removal – Diversity – N.C. Defendant – Fraudulent Joinder Claim – Insurance – Fraud & Unfair Trade Practices
Ansley v. HealthMarkets, Inc. The language of a health insurance policy was not so clear that, as a matter of law, plaintiffs should have figured out as soon as they read the policy that it would not pay for what the defendant-insurance agent said it would pay for. Therefore, defendants have not shown that plaintiffs’ fraud and unfair trade practices claims are time-barred. Plaintiff[...]
Criminal Practice – Kidnapping – Removal – Single Room – Insufficient Showing – Jury Instructions
State v. Boyd According to the victim’s own testimony, the entirety of her encounter with defendant occurred within the confines of her living room. There was evidence that defendant confined and restrained the victim, but there was no evidence that he “removed” her. The trial court should not have given the jury the alternative instruction that defendant could be convicted of kidna[...]
Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal
Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.
Civil Practice – Federal Jurisdiction – Removal – Supplementary Proceeding – Remand
Red Barn Farms, LLC v. General Electric Capital Corp. (Lawyers Weekly No. 11-03-0321, 18 pp.) (William L. Osteen Jr., J.) M.D.N.C. Holding: After this court granted defendant General Electric Capital Corp. (GE) a default judgment against plaintiffs herein, GE docketed its judgment in N.C. state court. Plaintiffs filed this action in state court alleging that […]
Administrative – Immigration – Removal – ‘Social Group’ – Family
Crespin-Valladares v. Holder. (Lawyers Weekly No. 11-01-0197, 19 pp.) (Motz, J.) No. 09-1423, Feb. 16, 2011; On Petition for Review. 4th Cir. Click here for the full text of the opinion. Holding: Saying it could conceive of few social groups “more readily identifiable than the family,” the 4th Circuit grants a petition for review of […]
Civil Practice – McKinney ‘Intermediate Rule’ – Removal – Remand
Barbour v. Int’l Union, United Automobile, Aerospace & Agric. Implement Workers of America (Lawyers Weekly No. 11-01-0126, 68 pp.) (Hamilton, J.) No. 08-1740, Jan. 27, 2011; USDC at Baltimore, Md. (Davis, J.) 4th Cir. Holding: The en banc 4th Circuit adheres to the McKinney rule for counting the 30-day period to remove a suit from […]
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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
