Prosecutorial Discretion Victory in North Carolina

"A deportation case that started Jan. 11, 2012, was supposed to end in the departure of Flavio Ramos Cruz from the U.S. on Wednesday. But some striking turns of events over the year helped him remain in Lexington, the place he has called home since 2004. Among those events are President Barack Obama’s...

Developments In NC State Trademark Law

When I last wrote about SCI North Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services, Inc., Judge Murphy had entered a TRO against the Defendants for trademark infringement over their use of the McEwen name in their funeral home business. The case seemed cut and dried then, and...

When Law Firms Dissolve: Dividing Up The Proceeds From Contingent Fee Cases

The Court of Appeals in February 2011 ordered Judge Jolly to dissolve Mitchell, Brewer, Richardson, Adams, Burge & Boughman, a law firm organized as a member-managed professional limited liability company. The dissolution was ordered per N.C. Gen. Stat. § 57C-6-02 , which authorizes judicial...

Steptoe & Johnson PLLC: U.S. Supreme Court Limits State Medicaid Recoveries to Medical Expenses

What happened? In a decision released last week, Wos v. E.M.A. [ enhanced version available to lexis.com subscribers ] , the U.S. Supreme Court invalidated North Carolina's Medicaid subrogation laws because they allowed the state to recover more than the medical expense portion of a Medicaid beneficiary's...

DOJ Remands Another DHS 'DOMA Denial'

"Just before Mother’s Day this North Carolina family learned that the Board of Immigration Appeals (BIA) rejected the denial of the marriage-based green card petition they had filed last year. The BIA sent the case back to the U.S. Citizenship and Immigration Services (USCIS) Field Office...

Deirdre Wheatley-Liss: Personal Injury Damages and Medicaid Liens - SCOTUS Decides

You have a horrific accident and are looking at a life of extreme medical care. The accident was caused by another person (drunk truck driver). You get a multi-million dollar award. Does the state that you live in get a share? First, personal injury awards are generally free from income tax. Section...

Claims for Legal Malpractice Aren't Assignable in North Carolina

Maybe you've wondered whether a claim for legal malpractice can be assigned. Maybe you haven't. But yesterday, the North Carolina Court of Appeals answered that question. In Revolutionary Concepts, Inc. v. Clements Walker PLLC [ an enhanced version of this opinion is available to lexis.com...

Prior to Derivative Suit, Shareholder Demand Must Clearly Identify Wrong and Demand Action

A shareholder acting on behalf of a corporation may bring a "derivative suit" against corporate directors and management for fraud , mismanagement, self-dealing or dishonesty. Before bringing such a suit, the shareholder must make a written demand that clearly identifies the alleged wrong...

Fourth Circuit on LLC Law and Fried Chicken and Waffles

The Fourth Circuit doesn't get into matters of LLC law very often, but it did last week in Painter's Mill Grille, LLC v. Brown [ an enhanced version of this opinion is available to lexis.com subscribers ]. The LLC and its members were suing their landlord for discriminating against them on...

State Net Capitol Journal: Former Preclearance States Moving Ahead With Voting Law Changes

Within hours of the U.S. Supreme Court's ruling last month freeing states with a history of voter discrimination from having to obtain federal approval before making any changes to their voting laws, Texas officials announced they would begin enforcing a strict photo ID requirement for voters, which...

States Making Unprecedented Unemployment Insurance Cuts

The dramatic cuts North Carolina made to its unemployment insurance program this month drew fierce protests in Raleigh and national headlines. But they were just the latest in a string of unprecedented reductions states have made in unemployment aid even as unemployment rates remain high in much of the...

News Excerpts From the Oct. 1, 2013, Bender’s Immigration Bulletin

ICE Issues New Guidelines on Use of Solitary Confinement in Immigration Detention Centers: On September 4, 2013, U.S. Immigration and Customs Enforcement issued a directive establishing policy and procedures for the placement of detainees in solitary confinement. Under the new guidelines, detainees...

State Net Capitol Journal: Justice Department Sues To Block N.C. Voter ID Law

The U.S. Department of Justice filed a lawsuit last month to block North Carolina's new voter ID law, which some critics have called the most sweeping of its kind. The law was signed by Gov. Pat McCrory (R) in August, just two months after the U.S. Supreme Court struck down a key section of the...

North Carolina: Medical Expertise Not Narrowly Defined, Oncologist Could Certainly Testify as to Esophageal Cancer

Medical experts need not be shown to be experts in the narrow field that a party contends is relevant to the issue in the case—here whether the deceased former employee’s esophageal cancer resulted from asbestos exposure—it was sufficient that the experts were experienced in oncology...

Garlock Sues Law Firms, Alleging Fraud Over Asbestos Claims

CHARLOTTE, N.C. — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC filed four adversary complaints Jan. 9 in a North Carolina federal bankruptcy court against several law firms and attorneys, alleging conspiracy, fraud and violations of the Racketeer Influenced and Corrupt Organizations...

North Carolina Company Indicted on H-2B Visa Fraud Charges

"A Vass company that secures foreign workers for agricultural and other work in the U.S. is accused of manipulating the worker visa program and illegally funneling people to companies. A federal grand jury in Greensboro handed down a 41-count indictment last Friday against International Labor Management...

H-2B Visa Fraud Indictment in North Carolina

"n 2008, Stanley Porter started a small company called Winterscapes LLC with a fake purpose: bringing in 150 foreign workers under the H-2B visa program to be snow makers in the mountains of North Carolina. But some of the workers didn’t even know what a snow maker was. Once they arrived,...

North Carolina: Worker’s Brain Cancer Claim Related to Alleged X-Ray Exposure Fails

In order to establish an occupational disease or injury claim, a North Carolina claimant is not required to prove that he or she was exposed to a specific quantity of a harmful agent. A North Carolina appellate court reiterated the rule, however, that the claimant must establish that "the substance...

The "Bright Star" Fades: The NC Business Court on Letters of Credit

I've resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the Court's decisions. My resolve was tested with Judge Murphy's decision...

Maybe We Are Getting Closer to a Decision in North Carolina on Whether LegalZoom Is Engaged in the Unauthorized Practice of Law

Legalzoom may be a step closer to overcoming the NC State Bar's assertion that its online legal document service constitutes the unauthorized practice of law (UPL), following yesterday's ruling in LegalZoom, Inc. v. North Carolina State Bar , 2014 NCBC 9 [ an enhanced version of this opinion...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

Collateral Estoppel Sinks LLC Members' Claim

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business Court a while to get to that conclusion last week, in Lancaster v. Harold...

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame after which a potential defendant is no longer...

Mark Your Calendar For October 1st For Changes to the Business Court

If you litigate cases in the NC Business Court, mark your calendar for October 1st. That's when the General Assembly's "modernization" of the Business Court is due to become effective. The bill containing these changes was signed into law by Governor McCrory last week . I wrote about...

You Aren't Entitled to "Original" Corporate Records When Making a Shareholder Inspection Request

When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates." Rule 1003 of the North Carolina Rules of Evidence says that: A duplicate is admissible to the same extent as an original unless...