Law 360

APRIL 4, 2023

North Carolina updated references to the Internal Revenue Code, clarified how certain businesses' income is divided between states for tax purposes and enacted other changes to state tax statutes under a bill signed by the governor.

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Statute 52

SCOTUSBlog

APRIL 8, 2022

North Carolina legislators asks justices to hear independent-state-legislature theory on the merits. In this case, the North Carolina General Assembly last November enacted a new map for congressional elections in response to the 2020 U.S. On remand, the North Carolina Superior Court on Feb. In Moore v.

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LegalReader

OCTOBER 12, 2022

Utilizing a rarely-used North Carolina statute, the organization filed a civil suit to gain custody of the dogs and save them from being chained up 24/7, surrounded by filth and suffering without basic care—a victory that has helped these dogs’ lives completely transform.

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Statute 59

SCOTUSBlog

JUNE 6, 2022

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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Patently O

JUNE 16, 2023

The statute requires that it be located in Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, or Arkansas. I would automatically rule-out Virginia and North Carolina as too close to the PTO HQ; and also rule-out Arkansas as too close to the Dallas Office.

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Statute Government 62

SCOTUSBlog

APRIL 15, 2022

A small group of bankruptcy judges in six of the 90-odd judicial districts nationwide, backed by their senators (in Alabama and North Carolina) managed to have their districts excluded from the U.S. Trustee program, so Congress can’t be blamed for lack of uniformity when it adopted the challenged statute. Well, not quite.

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Court Statute Government Laws 102

Mondaq

SEPTEMBER 20, 2021

Extensive changes to North Carolina's stormwater runoff statute went into effect today as part of Session Law 2021-158.

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SCOTUSBlog

SEPTEMBER 3, 2021

North Carolina State Conference of the NAACP addresses the ability of North Carolina legislators to defend the state’s voter-ID law from lawsuits under the Constitution and the Voting Rights Act. North Carolina State Conference of the NAACP. The case is George v.

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Litigation Litigating Court Attorney 86

Patently O

FEBRUARY 12, 2023

2023) involves a set of thirteen different professional models whose images were allegedly used without their permission to advertise for the Capital Cabaret, a strip club halfway between Raleigh & Durham, North Carolina. However, other circuits have rejected the celebrity requirement as improperly grafted-onto the statute.

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Law Firm Law Firms Statute Attorney 117

Constitutional Law Reporter

NOVEMBER 28, 2022

University of North Carolina, which are poised to determine the role of affirmative action in college admissions. Another provision of the statute, however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. Harvard College and SFFA v.

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Constitutional Law Statute Education Court Rules 52

SCOTUSBlog

JULY 3, 2022

This week, we highlight cert petitions that ask the court to consider, among other things, whether two groups of North Carolina employees were denied pay or benefits by the state in violation of a federal employment law and the Constitution. The North Carolina Supreme Court ruled for the employees. Swift & Co.

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Contract Statute Court Court Rules 84

FDA Law Blog

FEBRUARY 28, 2023

That determination, however, was neither a stretch nor a surprise to Rod Kight, the North Carolina attorney who posed the question to DEA, and to those who have recently analyzed whether certain cannabinoids are controlled, and if so, how.

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SCOTUSBlog

OCTOBER 5, 2023

and North Carolina Farm Bureau Federation v. A federal district court in North Carolina ultimately invalidated much of the law, and the U.S. The Farm Bureau and North Carolina Attorney General Josh Stein ask the court to grant review and reverse the 4th Circuit’s decision. relisted after the Sept.

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Broadcast Law Blog

JULY 28, 2021

federal issue ads) – a requirement that was imposed by statute almost two decades ago and is common practice for broadcast stations but was never reflected in FCC rules. Consult the FCC’s Licensing and Management System (LMS) help center , if you still have questions on navigating the filing portal.

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Calendaring Legal Legal Drafting 110

SCOTUSBlog

SEPTEMBER 29, 2023

Fitzgerald , the Supreme Court ruled that a 2017 law that imposes higher fees on bankruptcy filers in 48 states than in North Carolina and Alabama violated the requirement, imposed by the Constitution, that Congress provide uniform bankruptcy laws throughout the United States. In 2022, in Siegel v. In Office of the U.S.

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Calendaring Court Statute Court Rules 120

Patently O

JULY 1, 2021

Ikorongo Texas is a Texas LLC (corporate registration in Texas), but its owners and managers all reside in North Carolina. The following day, Ikorongo Texas amended its complaint to also add Ikorongo Tech as a co-plaintiff so that collectively they could seek damages for the full USA. But, the defendants argued that N.D.Cal.

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Statute Litigation Litigating Court 103

The Crime Report

SEPTEMBER 2, 2022

Some states, such as Louisiana and North Carolina, enacted mandatory death penalty statutes, eliminating discretion entirely from the death penalty system. In a 5-4 decision, it struck down mandatory death sentencing statutes. In addition, a seven-justice majority found guided discretion statutes to be constitutional.

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Statute Lawyer Lawyers Court 105

SquirePattonBoggs

FEBRUARY 16, 2021

All states, except North Carolina, have rules or statutes allowing their highest court to accept certified questions from federal courts on questions of state law. The United States Supreme Court has explained that certifications “saves time, energy, and resources and helps build a cooperative judicial federalism.”

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Court Litigation Litigating Statute 49

Patently O

FEBRUARY 21, 2022

Ikorongo Texas is also a Texas LLC (corporate registration in Texas), although its principles reside in North Carolina. The statute provides two different ways for finding proper venue. . § 261 (patent rights may be conveyed “to the whole or any specified part of the United States”). First , state of incorporation.

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Litigation Litigating Technology Lawyer 89

Conflict of Laws

FEBRUARY 22, 2024

Because the claims were based on Pennsylvania statutes, it argued, they were barred by the choice-of-law clause. It held that courts should disregard these clauses in situations where applying the chosen law would “contravene a controlling federal statute” or “conflict with an established federal maritime policy.”

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Court Contract Laws Statute 67

The Crime Report

NOVEMBER 24, 2021

For example, according to Josie Caves Sivaraman, a Postdoctoral Research Associate in the Department of Psychiatry and Behavioral Sciences at Duke University School of Medicine, North Carolina has no restriction, and anyone over the age of 18 can purchase a firearm.

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Law School Laws Statute Legal 115

The Crime Report

NOVEMBER 8, 2021

Texas authorities say they have the right to keep it under civil forfeiture statutes. Jerry Johnson, an Institute for Justice client from North Carolina, found out the hard way in 2020 when three plainclothes officers stopped him at Phoenix Sky Harbor International Airport. Photo courtesy Institute for Justice. An Airport Stop.

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Misdemeanor Court Attorney Statute 115

Day on Torts

OCTOBER 31, 2022

In her initial expert disclosures, plaintiff identified Dr. Steege from Chapel Hill, North Carolina. Plaintiff, who was the administrator of the patient’s estate, brought this HCLA suit alleging negligence against a number of medical providers related to the patient’s care. Code Ann. § 26-26-115(b). The trial court ruled that “Dr.

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SCOTUSBlog

FEBRUARY 22, 2022

I would like to prevail on him to go one more term and have some symmetry by sketching the Harvard and University of North Carolina affirmative-action cases, but it seems that his mind is made up. The question is whether a 1987 federal statute subjects certain Indian tribes in Texas to that state’s entire body of gambling law.

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Entertainment Court Statute Laws 107

SCOTUSBlog

OCTOBER 13, 2022

The injuries in Clendening were not the sort of combat-related or even job-related injuries one would expect: petitioner Carol Clendening seeks to recover for her late husband’s exposure to toxic drinking water while serving as a judge advocate general officer at Camp Lejeune, North Carolina. Natural Resources Defense Council, Inc.

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SCOTUSBlog

JUNE 23, 2022

Last November, the North Carolina legislature enacted a new map for congressional elections in response to the 2020 U.S. Supreme Court to stay the North Carolina Supreme Court’s order invalidating the legislature’s map and to stay the state trial court’s order adopting the replacement map. In Moore v. Census data.

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JonathanTurley

JUNE 30, 2021

Roughly 30 states and the District of Columbia have statutes allowing for recovery for wrongful convictions and imprisonment. A federal case in North Carolina recently resulted in $75 million in damages for two wrongly convicted men but that award was in the federal system. However, recently Gov.

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Tort Depositions Laws Court 48

SCOTUSBlog

JANUARY 8, 2024

The statute includes a list of information the government must include – most notably, the time and place of the removal hearing. A noncitizen who does not attend a removal proceeding can be ordered removed as long as written notice has been provided to him under the statute. Tori Madden) The question before the justices on Jan.

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The Crime Report

SEPTEMBER 16, 2021

The trial penalty that coaxes both the guilty and innocent to enter pleas is exacerbated by mandatory minimum statutes, which trigger automatic penalties if invoked by the prosecutor, as well as sentencing enhancements within the discretion of the prosecutor, such as whether to file notice with the court of a prior offense.

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Attorney Court Lawyer Lawyers 127

SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” University of North Carolina , 21-707. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v.

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The Crime Report

DECEMBER 20, 2021

North Carolina is among several jurisdictions have already established criminal penalties for “intentional suppression of discoverable evidence.” Make Prosecutors Liable to Criminal Charges. Establish an Oversight Commission.

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Malfeasance Court Attorney Law School 140

JURIST

FEBRUARY 5, 2023

The North Carolina Supreme Court Friday granted a petition for rehearing for two settled cases. The order granting the petition for rehearing relied on North Carolina Rule of Appellate Procedure 31 , which allows rehearings of decisions if a court overlooks or misapprehends a point of fact or law. .”

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Court Court Rules Statute Laws 205

SCOTUSBlog

APRIL 7, 2023

Ohio State argued that the victims’ lawsuits were filed too late, because the statute of limitations for their claims was two years. In the court of appeals’ view, the statute of limitations began to run when the victims knew of both Strauss’ abuse and Ohio State’s inaction. Federal district courts agreed, but the U.S. Diaz-Tomas v.

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Broadcast Law Blog

OCTOBER 3, 2013

Congressman Mel Watt from North Carolina this week introduced his long-awaited bill proposing that over-the-air radio broadcasters pay a royalty to sound recording copyright holders (usually the record label) and to artists.

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Statute Court Government 40

JURIST

JANUARY 4, 2021

The Court of Appeals of North Carolina ruled Thursday that people who are or have been in a dating relationship with a same-sex partner are equally protected against domestic violence as persons in opposite-sex relationships placed in a similar situation. North Carolina was the only US state where such protection had been unavailable.

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Court Rules Court Statute Court Decisions 188

Patently O

MAY 28, 2021

The relevant cases all have the same basic facts: the patentee, a North Carolina LLC called Ikorongo Technology , created a Texas LLC and assigned the Texas LLC the right to several patents only in certain counties in Texas , including counties in the Western District.

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Statute Technology Court Laws 66

SCOTUSBlog

MARCH 16, 2022

Court of Appeals for the 6th Circuit erred by not allowing him to intervene to defend the state’s abortion statute after another state official stopped defending its constitutionality. North Carolina State Conference of the NAACP , both of which involve intervention, but she argues that neither is likely to bear on the timeliness issue here.

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