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Recent Articles from Paul Fletcher
Biden taps Heytens for 4th Circuit seat
President Joe Biden has nominated Virginia Solicitor General Toby J. Heytens to a seat on the 4th U.S. Circuit Court of Appeals. The nomination now goes to the U.S. Senate for confirmation. Virginia’s two Democratic senators, Mark Warner and Tim Kaine, both announced their support for the nomination. Upon confirmation, Heytens would fill the seat […]
HIPAA doesn’t create private right of action
An inmate whose doctor disclosed his HIV status to others within earshot of their conversation doesn’t have a private right of action based on the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the 4th U.S. Circuit Court of Appeals has ruled in an issue of first impression. The 4th Circuit joined other circuits […]
4th Circ. to rehear ‘Twitter juror’ case, no to Title VII suit
The 4th U.S. Circuit Court of Appeals has denied a request for rehearing in the case of a woman who resigned as an equity partner from a law firm, then sought to bring a Title VII lawsuit against the firm. In an apparent issue of first impression in the circuit, the court found that the […]
Ex-partner’s Title VII suit against law firm fails
An attorney who resigned as an equity partner from a North Carolina law firm can’t bring a Title VII lawsuit against the firm, the 4th U.S. Circuit Court of Appeals has ruled. In an apparent issue of first impression in the circuit, the court found that the attorney wasn’t an “employee” of the firm and […]
4th Circuit denies cops immunity for shooting black homeless man
“This has to stop.” With just four words, the 4th U.S. Circuit Court of Appeals has laid down a marker. The court was reviewing the case of a black homeless man in West Virginia who was stopped by a police officer for walking beside, not on, a sidewalk. The man, Wayne Jones, ended up dead […]
Laughs in the time of Coronavirus
Picture this: a bottle of beer all alone in the corner of a fridge, scaring away the rest of the food items, all of which are wearing surgical masks. The beer was a Corona, and this image was perhaps the first of the memes shared on the internet about the coronavirus. A “meme” is […]
Insurance – Carrier’s denial of benefits affirmed
The district court correctly granted summary judgment to an insurance carrier on the plaintiff’s ERISA claim because its denial of benefits was reasonable under the deferential abuse of discretion standard. Background On April 15, 2013, Mark Grabowski flew from New York to Los Angeles as part of a business trip for his employer. Two days […]
Criminal Practice – District Court’s suppression and sentencing affirmed on appeal
The district court correctly denied appellant’s motion to suppress because the arrest was supported by probable cause and the vehicle search was subject to the community caretaking exception to the warrant requirement. The district court also correctly sentenced appellant in accordance with the Armed Career Criminal Act. Background On April 22, 2014, around 10:00 p.m., […]
Mounts, Baughman promotions announced
Andrea Mounts has been named General Manager of the BridgeTower Media Carolinas Group, the publishers of South Carolina Lawyers Weekly, North Carolina Lawyers Weekly and The Mecklenburg Times, the real estate and public notice newspaper based in Charlotte. Mounts joined the Carolinas Group as Advertising Director in 2016. In that position, she was responsible for […]
Polar bear-tex
Give the North Carolina Zoo credit for trying. During the miserable cold snap that has given the Carolinas snow, ice, freezing rain and temperatures that border on obscene, the NC Zoo, based in Asheboro, figured, hey, come see our polar bears. This is their time. According to The Associated Press, the polar bears and other […]
EDITORIAL: Pass the federal shield law bill
When Attorney General Jeff Sessions appeared before the House Judiciary Committee on Nov. 14, Rep. Jamie Raskin, D-Maryland, had a direct question. Raskin asked Sessions, “As Attorney General, will you commit not to prosecute investigative journalists for maintaining the confidentiality of their professional sources?” Sessions was less than direct in his answer: “I will commit […]
The make-up man
In honor of National Newspaper Week, I want to share a story from the backrooms of the newspaper business. There are reporters with byline fever. There are editors who crusade. There are photographers who freeze moments of history. And then there are people who make sure the newspaper goes out every day or every week. […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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