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Excessive force allegations against officers survive dismissal
A plaintiff sufficiently alleged a Fourth Amendment excessive force claim where he asserted that officers slammed him to the ground, fractured his arm and applied pressure to his throat during […]
Civil RICO: A tool of advocacy
Since 1985, RICO has become the weapon of choice for civil plaintiffs because of the broad and liberal construction of the statute and the potential of the litigation equivalent of terror or a thermonuclear device — the availability of treble damages.
4th Circuit: United States dismissed from wrongful death suit
A federal court dismissed a wrongful death claim under the Federal Tort Claims Act involving a Marine's murder of his grandmother due to jurisdictional issues, despite arguments of negligence by his commander.
Tort/Negligence – Trip & Fall – Rule 12(b)(6) – Gross Negligence
Carter v. Big Lots Stores Inc. In a case where a shopper tripped over a 2-by-4 that was part of a corral to hold shopping carts, claims of gross negligence and punitive damages do not hold up. Motion to dismiss . . .
Contract – Privity – Assignee – Sufficiency of Complaint – Rule 12(b)(6)
Domingue v. Nehemiah II, Inc. (Lawyers Weekly No. 10-07-1152, 11 pp.) (Cheri Beasley, J.) Appealed from Pasquotank County Superior Court (Walter H. Godwin, J.) N.C. App. Click here for the […]
Res judicata no bar to bad-faith claim against Allstate
An Allstate customer's unfair-trade-practices and bad-faith claims have been reinstated by the N.C. Court of Appeals in an unpublished decision. The case - Lee v. Allstate Insurance Company (Lawyers Weekly No. 10-16-0779 pp.) - may now go to trial in Cumberland County. An attorney representing the plaintiffs, Brenton D. Adams (pictured) of Dunn, said he doesn't anticipate a settlement [...]
Flooding lawsuit can proceed against town
RALEIGH (NCLW) — A couple could go forward on their claim against the Town of Apex over flooding damage that happened after the town restored water service to a rental […]
Top Legal News
- Excessive force allegations against officers survive dismissal
- SEC, Elon Musk defend ‘compromise’ settlement over Twitter purchases
- Durham DA: Budget cuts could gut prosecutor staffing, dismantle decades of city cooperation
- Retro application of anti-stacking sentencing amendment rejected
- Rights groups sue over conditions at largest US immigration detention center
- Erroneous refund interest may support innocent spouse relief
- SCOTUS News: Death row inmate gets relief from ‘Batson’ waiver finding
- District court denies California parks department bid to stop Sable Offshore pipeline
- Marketing partner may enforce arbitration agreement
- NC attorney general, DOJ reach settlement ending secret meat pricing data exchange
- Biden sues Justice Department to block release of audio recordings
Commentary
- AI divorce is real, but family law can still save itself
- ‘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
