A more thorough exploration of January's 4th Circuit Court of Appeals case that clearly established a bright-line rule that tasers may not be deployed by law enforcement officers unless the subject to be tased poses an objective immediate danger and use of the taser could mitigate that danger.
Here is a link to the CLE manuscript for the panel presentation including firm partner Vanessa Lucas this afternoon at UNC Chapel HIll. The full schedule of the weekend's National Lawyer's Guild Regional Conference can be found here.
Under North Carolina General Statute Sect. 14-72.11(2), a person is guilty of a Class H felony if the person commits larceny against a merchant "by removing, destroying, or deactivating a component of an antishoplifting or inventory control device to prevent the activation of any antishoplifting or inventory control device.
The 4th Circuit recently ruled that GEICO wrongfully categorized its insurance investigators as exempt from the Fair Labor Standards Act overtime requirement, but ruled that the misclassification was not willful, and denied the workers liquidated damages and an extended statute of limitations.
The Fourth Circuit Court of Appeals has now "clearly established" that law enforcement use of a Tazer is excessive force unless the individual being tazed poses an immediate threat.
The North Carolina Court of Appeals reversed two convictions of maintaining a building or vehicle for drug purposes, citing insufficient evidence. This is an important case defining what the crime is not, and should provide guidance for prosecutors and defense attorneys who have to deal with these allegations which are often used as bargaining chips to convince defendants to plead guilty to other crimes in a plea bargain.
The North Carolina Court of Appeals recently affirmed a trial court's ruling that a magistrate-issued warrant for the search of a home was not supported by probable cause to believe that drugs would be found in that particular home and that the evidence found in the home was the "fruit of the poisonous tree" and could not be used against the defendants in support of criminal charges.
A writ of mandamus is a court order that a state or local government official perform a ministerial, non-discretionary act that is part of their official duties. Our attorneys recently traveled to Statesville to secure such an order so our client could appeal the decision not to promote him.
Burn piles creating extreme smoke that impairs visibility on nearby roadways could be considered negligence, creating liability for personal injuries and property damage.
The Supreme Court recently heard oral arguments regarding the question of when the filing period for a race discrimination constructive discharge claim should begin.
A fatal tragedy in Wayne County, North Carolina, should remind us to be grateful to the working men and women who make our country great, and to support politicians who will protect our workers' rights to safe working environments and the wages they are owed.
Growth brings problems, including increased traffic. The Research Triangle Park area of North Carolina has been one of the fastest growing regions in the country, and has experienced a predictable increase in traffic congestion. According to a Raleigh News & Observer article earlier this week...
The exclusionary rule prevents the government from presenting evidence in a criminal case that is tainted by a violation of the suspect/defendant's constitutional rights. A recent 4th Circuit Appellate concluded that drug evidence should have been suppressed under the exclusionary rule because the police seized the defendant without a reasonable suspicion that he was engaged in criminal behavior. This article explores the case and the law behind the Court's ruling.
North Carolina is one of just a few states in the United States that adheres to the contributory negligence doctrine, meaning that a plaintiff who's own negligence (failure to use due care to prevent a foreseeable injury) was at least partly to blame for his injury. However, an injured plaintiff's contributory negligence can be excused if he or she can establish that the defendant had the "last clear chance to avoid the injury.
Oil and gas giant recently agreed to pay employees in 28 different job positions back overtime. Salaried does not necessarily mean overtime exempt!
A jury in Florida just returned a verdict of $17 million to five female migrant farmworkers who complained they were raped and sexually harassed by male supervisors at a packing plant where they worked. Sexual abuse of female farmworkers is a widespread problem; federal government is apparently a...
Today marks the 24th anniversary of the notorious Imperial Food Products fire in Hamlet, North Carolina. In the fire, 25 workers dies and 49 were injured because of unsafe conditions, including a locked exit door; according to the NC Dept. of Labor, the investigation found "numerous violations of...
The law school's pay system results in gender inequality according to the EEOC in a recent determination.
Retail giant Target has agreed to pay a $2.8 million fine to settle Equal Employment Opportunity Commission charges that the company used discriminatory processes in hiring. According to the EEOC, Target disproportionately screened out applicants for professional positions based on race and gende...
Two recent victories in federal court highlight the federal government's crackdown on unlawful misclassification of workers as "independent contractors."
Ruling that the so-called "manager rule" has no place in Title VII jurisprudence, the 4th Circuit reversed an order granting summary judgment to an employer who fired their employee for assisting a worker with a sexual harassment complaint.
The Washington Supreme Court ruled that piece-rate compensated farmworkers are entitled to compensation for state-mandated rest breaks that regulations require to be "on the employer's time."
from an agency press release: Winston-Salem Health Care Company Will Pay $48,000 to Settle EEOC Pregnancy Discrimination Lawsuit Company Fired Employee After She Requested Maternity Leave, Federal Agency Charged WINSTON-SALEM, N.C. - Level Four Orthotics & Prosthetics, Inc. has agr...
In a decision that is not binding on courts but potentially entitled to some deference, the Equal Employment Opportunity Commission ruled this week that Title VII's sex discrimination prohibition applies to discrimination on the basis of sexual orientation.
The 4th Circuit Court of Appeals ruled that the employer's response to severe harassment (racist death threats) could be found by a reasonable jury to have been inadequate, where the employer is required to act promptly in a manner reasonably calculated to end the harassment.
