North Carolina Intentional Law

Elizabeth Ann Clark v. Adam Matthew Clark

<h2> Fayetteville, North Carolina personal injury lawyer represented the Plaintiff on an unlawful disclosure of private information. </h2> On September 17, 2019, a jury found Defendant, Adam Clark, ("Defendant Clark") liable for unlawful disclosure of private images, intentional infliction of emotional distress ("IIED"), and libel. Post-trial, Defendant Clark filed a motion for ju... More...

$0 (12-07-2021 - NC)

Kim Shook, Kylie Scolaro-Conti and John Szwyd v. NCG Acquisition, LLC, et al.

Asheville, North Carolina civil rights lawyers represented Plaintiffs who sued defendants on wrongful discharge theories. On March 24, 2022, the Plaintiffs filed this action against the Defendants, asserting claims for wrongful discharge in violation of North Carolina public policy and for intentional infliction of emotional distress. [Doc. 1]. On May 10, 2022, the Defendants moved t... More...

$0 (04-14-2023 - NC)

United States of America v. Delontay Moore

Charlotte, North Carolina criminal defense lawyers represented Defendant charged with dog fighting and felony possession of a firearm. Delontay Moore, 26, of Concord, sponsored and exhibited a dog in a dog fight in December 2019, after conspiring with others to prepare and train the dog for the fight. The dog lost and died of injuries sustained during the fight. In February, agents seized... More...

$0 (11-17-2021 - NC)

United States of America v. Pacific Carriers Limited

New Bern, North Carolina environmental law criminal defense lawyer represented Pacific Carriers Limited (PCL), a Singapore-based company that owns subsidiaries engaged in international shipping was charged with to violations of the Act to Prevent Pollution from Ships, obstruction of justice, and for a failure to notify the U.S. Coast Guard of a hazardous condition on the Motor Vessel (M/V) Pac An... More...

$0 (12-02-2020 - NC)

Glenda W. Westmoreland v. TWC Administration, LLC, d/b/a Time Warner Cable

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another New Client Call </h1> </center> After TWC Administration, LLC, d/b/a Time Warner Cable (“TWC”), fired Glenda Westmoreland, she filed this... More...

$0 (05-22-2019 - NC)

United States of America v. Tomonta Simmons

<center> <img width="300" src="http://www.ncwd.uscourts.gov/sites/default/files/charlotte_courthouse.jpg"> </center> Appellant Tomonta Simmons had his supervised release revoked and was sentenced to 36 months’ imprisonment after the district court determined that he committed the North Carolina offense of assault with a deadly weapon on a government official (“AWDWOGO”) and ... More...

$0 (03-06-2019 - NC)

Felipe Perez Perez v. Lee Francis Cissna

<center> <img width="300" src="http://www.ncwd.uscourts.gov/sites/default/files/charlotte_courthouse.jpg"> </center> This case involves the application of 8 U.S.C. § 1101(a)(27)(J), a means for immigrant children to become lawful permanent residents of the United States if they meet the statutory special immigrant juvenile (“SIJ”) requirements. One of the requirements is a qu... More...

$0 (01-30-2019 - NC)

Tobarak Ulla Tofu v. Matthew G. Whitaker

<center><h2> Morelaw Internet Marketing <a href="http://www.morelaw.com/lawyers/recent.asp" target="_new"> National Find A Lawyer Directory</a> </h2> </center> Tobarak Tofu (“Tofu”),... More...

$0 (11-24-2018 - NC)

Legacy Data Access, Inc. v. Cadrillion, LLC

In this diversity contract dispute, a jury awarded $256,500 for breach of contract and $1,499,999 for conversion. The jury rejected plaintiffs’ unfair and deceptive trade practices claim, and the district court granted judgment as a matter of law to defendants on the abuse of process claim. In a second trial solely on punitive damages, another jury awarded $3 million in punitive damages. In resp... More...

$0 (05-04-2018 - NC)

STATE OF NORTH CAROLINA v. TODD ERIC BODERICK <table> <td>

Defendant and Krishay Mouzon (“the mother”) had a daughter (“the child”) born on 25 April 2012. Defendant and the mother had custody of the child, and the mother had two additional children of whom she did not have custody. Defendant and the mother lived with the child in various hotels. On 27 October 2012 at approximately 9:27 p.m., police and the fire department ... More...

$0 (03-26-2018 - NC)

Phillip J. Singer v. Kenneth Reali, et al.

These appeals arise from the dismissal of a securities fraud class action complaint in the Eastern District of North Carolina. The action relates to the healthcare provider reimbursement practices of defendant TranS1, Inc., and four officers thereof —defendants Kenneth Reali, Joseph P. Slattery, Richard Randall, and Michael Luetkemeyer (collectively, the “Officers”) — in connection with Tr... More...

$0 (02-24-2018 - NC)

United States of America v. Antoine Darrell Smith

The district court held that the North Carolina crime of voluntary manslaughter is a violent felony under the force clause of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(2)(B)(i). We agree, and affirm the enhanced sentence imposed on Antoine Smith as a result. I. Antoine Smith pled guilty to one count of possession with intent to distribute cocaine hydrochloride in violation ... More...

$0 (02-15-2018 - NC)

STATE OF NORTH CAROLINA v. JONATHAN KEITH MALLOY <table> <td>

Where the essential elements of hit and run resulting in death necessarily include the essential elements of hit and run resulting in injury, the trial court did not err by submitting to the jury and entering judgment upon conviction for felonious hit and run resulting in injury. On 1 January 2010, defendant Jonathan Keith Malloy called his girlfriend, Sandra Hoover, to le... More...

$0 (01-10-2018 - NC)

Teresa Ann Hensley v. Michael Scott Price

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 a... More...

$0 (11-25-2017 - NC)

STATE OF NORTH CAROLINA v. ED LEVAN HARRIS <table> <td>

On 3 July 2014, Keith Williams sustained a gunshot wound to the back of his neck. On 2 February 2015, defendant was indicted for attempted first-degree murder, assault with a deadly weapon intending to kill inflicting serious injury, and possession of a firearm by a convicted felon, with all of these charges arising from the incident in which Mr. Williams was shot. The ... More...

$0 (11-21-2017 - 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. C.D. HUNT <h3>Case No - COA15-1289 </h3>

On 6 January 2014, a Durham County grand jury indicted defendant C.D. Hunt on the charge of burning certain buildings, in violation of General Statutes, section 14-62. The matter came on for trial during the 23 March 2015 criminal session of Durham County Superior Court, the Honorable James Roberson, Judge presiding. The evidence presented at trial tended to show that on 29 May 2013, Diane ... More...

$0 (11-06-2016 - NC)

United States of America v. Lowney Yohnagalegi Crow

Asheville, NC - Cherokee Co. Man Sentenced To More Than Seven Years In Prison On Federal Assault Charges U.S. District Judge Martin Reidinger sentenced Lowney Yohnagalegi Crow, 33, of Cherokee, N.C. to 87 months in prison on charges of assault resulting in serious bodily injury, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Judge Martin Reidi... More...

$0 (08-17-2016 - NC)

United States of America v. Oceanic Illsabe Limited and Oceanfleet Shipping Limited

Washington, NC - Two Greek shipping companies and engineers convicted of pollution crimes and obstruction of justice A federal jury in Greenville, North Carolina, has convicted Oceanic Illsabe Limited, Oceanfleet Shipping Limited and two of their employees of violating the Act to Prevent Pollution from Ships (APPS), obstruction of justice, false statements, witness tampering and conspirac... More...

$0 (09-06-2016 - NC)

North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t... More...

$0 (07-29-2016 - NC)

STATE OF NORTH CAROLINA v. SILVESTRE ALVARADO CHAVES

The State presented evidence at trial tending to establish the following facts: In December of 2009, Defendant began dating Crystal Gigliotti (“Crystal”), and they began living together in an apartment in Durham, North Carolina in May of 2010. Their relationship subsequently deteriorated, and they frequently argued. The majority of their arguments centered around Defenda... More...

$0 (03-01-2016 - NC)

State Of South Carolina v. Ortho-McNeil-Janssen Pharmaceuticals

Appellant Ortho-McNeil-Janssen Pharmaceuticals (Janssen) is a pharmaceutical company that manufactures the antipsychotic drug Risperdal. Risperdal is among a class of drugs prescribed primarily for the treatment of schizophrenia. The Attorney General of South Carolina believed that Janssen had violated the South Carolina Unfair Trade Practices Act (SCUTPA)2 by engaging in unfair methods of compet... More...

$248649400 (12-28-2015 - NC)

Clarke, ex rel v Mikhail

Plaintiff commenced this wrongful death and medical malpractice action against Dr. Ashraf Gad Bakhom Mikhail (“Dr. Mikhail”), Jessica Hardin (“Ms. Hardin”), and Coastal Carolina Neuropsychiatric Center (“CCNC”) on 30 September 2011. Plaintiff alleged Ms. Hardin was negligent in prescribing and dosing a drug, Lamictal, to treat Erica Bohn’s (“Ms. Bohn’s”) se... More...

$0 (11-06-2015 - 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,â€ 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)

Maria Nicole Durden v. United States of America

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. Â§ 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismis... More...

$0 (11-21-2013 - NC)

Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court's grant of summary judgment to the defendant, the United States Coast Guard ("USCGâ€), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,... More...

$0 (11-21-2013 - NC)

Federal Deposit Insurance Corporation v. Avery Cashion, III

Avery T. Cashion, III, appeals from the district court's judgment in favor of the Federal Deposit Insurance Corporation ("FDICâ€), acting as receiver for The Bank of Asheville ("the Bankâ€), in this action by the FDIC to recover the deficiency owed on a promissory note executed by Cashion and payable to the Bank. Cashion contends that the district court erred in granting summary judgment... More...

$0 (06-20-2013 - NC)

Bianca Ellis v. Louisianna-Pacific Corporation

Bianca Ellis, Mark Sroka, and Jaqueline Sroka (collectively, the "Appellants") appeal the district court's order dismissing their putative class action complaint. They claim that Louisiana-Pacific Corp. ("LP" or the "Appellee") negligently designed and manufactured Trimboard, a composite building product designed and marketed for use as exterior trim around windows and doors, and violated the prov... More...

$0 (11-02-2012 - NC)

Michael S. Adams v. The Trustees of the University of North Carolina-Wilmington

Michael S. Adams appeals from the judgment of the District Court for the Eastern District of North Carolina awarding summary judgment to the sixteen defendants (collectively "Defendants"), each of whom is affiliated with Adams' employer, the University of North Carolina-Wilmington ("UNCW" or "the University").1 Adams brought three claims against the Defendants alleging religious and speech-based d... More...

$0 (04-06-2011 - NC)

Bernard Scarborough v. Dillard's Inc.

The issue before the Court on this appeal is whether the trial court erred in granting defendant judgment notwithstanding the verdict as to punitive damages. For the reasons stated herein, we conclude that the trial court did not err, and the decision of the Court of Appeals is reversed. This case arises out of an action for malicious prosecution instituted by plaintiff Bernard Scarborough ... More...

$0 (12-24-2009 - NC)

Laura Robinson v. Linda Trantham

Defendant appeals and plaintiff cross-appeals from judgment entered 9 October 2007 concluding that plaintiff was injured by the negligence of Horace Gregory Howard, Jr. (Greg) and awarding plaintiff $275,000. Defendant also appeals from the trial court's orders entered 14 January 2008 denying defendant's motion for a new trial based on Rule 59 and defendant's motion for relief from judgment based... More...

$0 (03-24-2009 - NC)

James D. Dotson v . Pfizer, Inc.

This case reaches the Court after a full trial on the merits in the Eastern District of North Carolina. James Dotson ("Dotson") brought suit against his employer, Pfizer, Inc. ("Pfizer"), for violations of the Family and Medical Leave Act of 1993, 29 U.S.C. Â§ 2601, et seq. (the "FMLA"). The jury awarded Dotson $1,876.00 on his FMLA interference claim and $331,429.25 on his retaliation claim. Th... More...

$0 (03-19-2009 - NC)

State of North Carolina v. John Arter Narron, III

John Narron, III (Defendant) appeals from judgment entered upon his conviction of impaired driving, in violation of N.C. Gen. Stat. Â§ 20-138.1. We affirm. Defendant was arrested on 13 January 2007 in Greenville, North Carolina, and charged with impaired driving. He was convicted in Pitt County District Court and appealed to Superior Court for trial de novo. On 5 February 2007 Defenda... More...

$0 (10-07-2008 - NC)

Benjamin Paul Jones v. William H. Coward and Coward, Hicks & Siler, P.A.

According to plaintiff's complaint, William H. Coward ("defendantâ€), while a partner in the law firm of Coward, Hicks & Siler, P.A. (along with defendant, "defendantsâ€), filed a lawsuit on 8 September 2005, the subject of which is not relevant to the instant action. On 19 January 2006, this complaint was amended and joined plaintiff as a defendant. In November 2006, defendant approac... More...

$0 (10-07-2008 - NC)

Sandra Birmingham v. H&H Home Consultants and Designs, Inc., et al.

Sandra Birmingham ("plaintiff") appeals from the trial court's order granting partial summary judgment in favor of Katherine and Daniel Barnes ("the Barnes defendants") and attorney's fees to the Barnes defendants. We affirm, but remand to the trial court for correction of the trial court's order awarding attorney's fees to the Barnes defendants. In 2005, plaintiff and her daughter d... More...

$0 (04-04-2008 - NC)

Lattice Cural, et al. v. American Multimedia, Inc., et al.

This appeal arises from a lawsuit seeking damages for the contamination of Plaintiffs' wells with certain toxic chemicals. Plaintiffs appeal from entry of partial summary judgment. We affirm. The Plaintiffs are individuals who are current or former residents of Hahn Road, in Burlington, North Carolina. Defendants are individuals and corporations with a present or former interest ... More...

$0 (01-04-2008 - NC)

Tommy Davis Nathan Cameron and Lisa Cameron v. Merisel Properties, Inc. and Brian Goldsworthy

Defendant, Merisel Properties, Inc., appeals from entry of judgment and from the denial of pretrial and posttrial motions. We affirm. Merisel Americas, Inc., is a computer hardware and software company with an office in Cary, North Carolina (the Cary facility). Plaintiff Nathan Cameron (Cameron) worked at the Cary facility,which had a history of leaks and dampness, between December ... More...

$1600000 (11-06-2007 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/032252.P.pdf" target="_new">Rebecca Willis v. Town of Marshall, North Carolina</a>

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town's community center. Rebecca Willis enjoyed attending the Friday-night gatherings and dancing to the music provided by the local bands. Willis's unorthodox dancing style, however, led to complaints about her to the committee in charge of the Depot events. As a ... More...

$0 (10-08-2005 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/031198.U.pdf" target="_new">Rich Food Services, Incorporated, Debra K. Singletary and Roy Baldwin v. Rich Plan Corporation, et al.</a>

This case arises out of a franchise relationship that went sour because, according to the franchisees, the franchisor and its principals breached the franchise agreements, engaged in fraud and misrepresentation, and failed to make certain required disclosures. The plaintifffranchisees appeal the district court's order granting judgment as a matter of law to the defendants, the franchisor a... More...

$0 (05-03-2004 - NC)

<a href="http://www.aoc.state.nc.us/www/public/sc/opinions/2003/117-02-1.htm" target="_new">Angela Dawes v. Nash County and Nash County Emergency Medical Services</a>

This case arises out of a negligence claim against emergency medical technicians (EMTs) employed by defendant Nash County. Plaintiff contends that Nash County has waived the defense of sovereign immunity by purchasing an insurance policy pursuant to N.C.G.S. § 153A-435. Defendant Nash County argues that the proper interpretation of the policy does not provide insurance coverage for the county ... More...

$0 (09-09-2003 - NC)