North Carolina Injurious Falsehood Law
In the Matter of J.C.J. and J.R.J.
Washington, North Carolina family law lawyers represented the parents of twin boys in a parental termination proceeding.<br> <br> <br> Respondent-mother Courtney J. and respondent-father Jeremy J. appeal from orders entered by the trial court terminating their parental rights in their twin sons J.C.J. and J.R.J.[1] After careful consideration of the parents' challenges to the trial<br> <br> 1<br> ... More...
$0 (07-15-2022 - NC)Bobbydyne McMillan v. Cumberland County Board of Education; Joseph M. Locklear
Appellant Bobbydyne McMillan was employed by the Cumberland County Board<br> of Education (“CCBE”) and resigned following an investigation into her conduct during<br> the course of her employment. She appeals the district court’s grant of summary<br> judgment in favor of the Defendants, CCBE, and Joseph M. Locklear,1 Associate<br> Superintendent of Human Resources, on her 42 U.S.C. § 1983 F... More...
$0 (04-03-2018 - NC)Loretta T. Elliott v. American States Insurance Company
Loretta Elliott filed this claim against her insurance company, American States Insurance Company (“ASIC”), alleging that its conduct in handling her insurance claim constitutes an unfair claims settlement practice in violation of N.C. Gen. Stat. § 58-63-15(11), and, as a matter of law, an unfair and deceptive trade practice in violation of N.C. Gen. Stat. § 75-1.1. On appeal, Elliott assert... More...
$0 (02-24-2018 - NC)Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo
Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit a... More...
$0 (08-14-2017 - NC)STATE OF NORTH CAROLINA v. ANDREA STEFANY ENDARA
Where the evidence of defendant’s guilt was overwhelming, the admission into <br> evidence of a video recorded statement which presumably violated defendant’s <br> constitutional right to confront witnesses against her was harmless beyond a <br> reasonable doubt. Where there was sufficient evidence defendant committed a <br> kidnapping to facilitate the commission of a felony, namely child ab... More...
$0 (05-05-2016 - NC)United States of America v. David Drayton
David Lee Drayton appeals the district court’s judgment revoking his supervised release and sentencing him to a term of 51 months’ imprisonment. We affirm. We review a district court’s judgment revoking supervised release for abuse of discretion, and its factual findings for clear error. United States v. Padgett, 788 F.3d 370, 373 (4th Cir. 2015), cert. denied, __ S. Ct. __, 2015 WL 593787... More...
$0 (01-07-2016 - NC)Tammy Lou Fontenot v. Taser International, Inc.
Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a "taser,†manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner's chest based on training provided by the Charlotte Mecklenburg Police ... More...
$0 (11-26-2013 - NC)Cheyenne Saleena Stark v. Ford Motor Company
This case presents the question whether the product alteration or modification defense provided to manufacturers and sellers in products liability actions by section 99B-3 of our General Statutes applies only if the one who altered or modified the product is a party to the litigation at the time of trial.1 By its plain language, section 99B-3 protects manufacturers and sellers from liability for i... More...
$0 (04-23-2012 - NC)Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.
On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 ("Joshuaâ€) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a "T†intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan ("defendant Loganâ€) was driving his spor... More...
$0 (02-11-2010 - NC)John R. McDonnell v. Tradewind Airlines, Inc.
Tradewind Airlines, Inc. (defendant) terminated John R. McDonnell (plaintiff) from his position as a flight engineer after he refused an assignment to ferry a plane from Burlington, Vermont to Greensboro, North Carolina. Plaintiff alleges that his flight schedule preceding the termination of employment violated several Federal Aviation Regulations (FARS), and, as a result, he was too fatigued to e... More...
$0 (01-06-2009 - NC)Waverille Partners, LLC v. The Town of Weaverville Zoning Board of Adjustment
On 15 November 2005, Weaverville Partners, LLC ("WP") petitioned the trial court to reverse a decision by the Weaverville Zoning Board of Adjustment (the "Board"), denying WP's request for a special exception permit to build a multi-family apartment complex in a Primary Residential District. The trial court reversed the Board's denial of WP's request, and the Board appeals. We affirm. In Ju... More...
$0 (01-15-2008 - NC)<a href="http://www.aoc.state.nc.us/www/public/sc/opinions/2005/075-05-1.htm" target="_new">Reginal Newberne v. Department of Crime Control and Public Safety, etc.</a>
<P>On 9 April 2002, plaintiff Trooper Reginald Newberne filed suit against the named institutional and individual defendants, alleging that he was wrongfully terminated from his employment as a law enforcement officer with the State Highway Patrol in violation of the North Carolina Whistleblower Act, N.C.G.S. § 126-84 to -88. Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the N... More...
$0 (09-30-2005 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010880-1.htm" target="_new">Boyce & Isley, PLLC, et al. v. Roy A. Cooper, III, et al.</a>
The law firm of Boyce & Isley, PLLC, and its member attorneys G. Eugene Boyce, R. Daniel Boyce, Philip R. Isley and Laura B. Isley (collectively, "plaintiffs") appeal from an order of the trial court dismissing plaintiffs' complaint pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. For the reasons set forth herein, we reverse in part the order of the trialcourt. <P> Th... More...
$0 (10-07-2002 - NC)<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000707-1.htm" target="_new">Kirsten Durling, et al. v. Kevin J. King, et al.</a>
Kevin J. King, individually and d/b/a Kevin J. King and RBT Enterprises, (defendant) appeals from the trial court's judgment and amended judgment finding defendant liable for breach of contract and for other injurious behavior towards Kirsten Durling, Tim Hull, and Dee Nichols (Durling, Hull, and Nichols, or, collectively, plaintiffs), and awarding damages to plaintiffs. The plaintiffs cross-appea... More...
$66000 (10-16-2001 - NC)