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Feb 8, 2017

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 […]

Aug 8, 2012

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.”

Jul 31, 2012

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 [...]

Jun 15, 2012

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.

Feb 21, 2012

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[...]

Jan 26, 2012

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.

Dec 1, 2011

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[...]

Aug 8, 2011

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[...]

Jun 24, 2011

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.

Apr 1, 2011

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 […]

Feb 23, 2011

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 […]

Feb 2, 2011

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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