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Civil Practice Attorneys’ fees award was excessive
Where a class action lawsuit resulted in the dismissal of 10 out of 64 plaintiffs and settled for a total damages award of only 3% the initial amount sought, an award of attorneys’ fees that was almost double the amount of damages awarded was excessive. Background On June 12, 2013, Gregory Randolph filed a proposed […]
Criminal Conviction for drug trafficking in song lyrics upheld
Where a defendant referenced his involvement with a drug trafficker alleged to be his coconspirator and made multiple allusions to firearms in his rap lyrics and police recovered an illegal firearm and several items associated with drug trafficking from a residence where he had stayed, the defendant’s conviction for conspiracy to distribute cocaine and possession […]
Criminal Stop of defendant after hearing gunshots was reasonable
Where the police were immediately responding to the scene of where gunshots were heard, it was not unlawful for them to temporarily stop men walking away from the scene. The case was remanded to determine whether the search, which revealed a revolver, was lawful. Background While patrolling a residential neighborhood after dark, police officers heard […]
Tort Sprint customer contract found ambiguous
Where Sprint argued that Wireless Buybacks, by purchasing phones from Sprint’s customers for resale, tortiously interfered with contracts between Sprint and its customers, the contracts were found to be ambiguous on whether the practice was forbidden. Background Besides providing cellular service, Sprint also sells phones to its customers. This includes offering “upgraded” phones at steep [&[...]
Negligence Church gun violence victims can sue U.S.
Where there were lapses in the FBI’s National Instant Criminal Background Check System that allowed Dylann Roof to purchase his semiautomatic weapon, lawsuits seeking to hold the United States responsible will proceed. Background In the weeks following the tragic shooting at Mother Emanuel AME Church in Charleston, South Carolina, James Comey issued a public statement […]
Civil Rights Jury to decide if prison officials violated inmate’s rights
Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would create a substantial risk of harm, a jury will decide if the officials’ conduct rose […]
Securities Class action challenging merger revived
Where the complaint plausibly alleged plaintiffs only learned about possibly improper conduct involving a merger within a year of filing suit, the class action was potentially timely; and where plaintiffs plausibly alleged the omission of material facts from proxy documents, the lower court’s dismissal at the motion to dismiss stage was inappropriate. Background This case […]
Real Property Inverse Condemnation – Tort/Negligence – Trespass – Storm Water Pipe
A 24-inch storm water pipe (the Pipe) has run under plaintiff’s house since the 1920’s. When the defendant-city repaired three large pipes in front of plaintiff’s property in 2012, plaintiff’s attorney advised the city that plaintiff did not consent to the reconnection of the Pipe to any replacement pipes. Nonetheless, the city connected the pipes, […]
Constitutional Search & Seizure – Civil Rights – False Arrest & Excessive Force Claims
A police officer is not entitled to summary judgment on plaintiff’s claim that her Fourth Amendment rights were violated when the officer—acting on a 911 caller’s tip regarding “suspicious” but not illegal behavior—arrested plaintiff. The court grants defendants’ motion for summary judgment as to plaintiff’s Fifth Amendment and Fourteenth Amendment claims against defendant Demalo a[...]
Contract Intellectual Property – Patent License – Civil Practice – Pleadings – Dispute Resolution – Washington Law
The complaint alleges that (1) defendant licensed certain intellectual property from plaintiff in exchange for payment of a royalty to plaintiff, (2) defendant breached the parties’ contract by failing to make the required royalty payments, and (3) defendant’s breach has damaged plaintiff in the amount of $2.6 million and counting. Under governing Washington law, plaintiff’s […]
Immigration Court does not defer to Attorney General’s opinion
Where an opinion issued by the Attorney General, holding that immigration judges and the Board of Immigration Appeals, or BIA, lacks authority to administratively close a case, was contrary to the plain language of the regulations and would upend settled practice, the court refused to defer to the opinion and instead held the immigration judge […]
Employment Discrimination Paper company not liable in bias case
Where there was no material fact as to a former paper mill worker’s claims that the company discriminated and retaliated against him and subjected him to a hostile work environment, the court ruled the alleged conduct was insufficient as a matter of law. Background Alleging race-based discrimination, Matthew Perkins brought claims for: (1) disparate treatment, […]
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
- 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
- N.C. Bar Association embraces homophobia
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