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.
Employment Discrimination: Supreme Court heard Oral Arguments re Filing Deadlines for Federal Employees
The Supreme Court recently heard oral arguments regarding the question of when the filing period for a race discrimination constructive discharge claim should begin.
Sometimes it's better not to appeal a ruling you don't agree with.
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...
Companies in the emerging "Share" economy may not yet be adequately regulated, but there is a good chance they can be liable for injuries that result from their failure to take reasonable precautions to ensure customers' safety.
The New York Times has published a valuable series on the effects of widespread use of mandatory arbitration clauses in corporate contracts.
4th Circuit: Evidence Suppressed because Police Detained Suspect Without Reasonable Suspicion of Criminal Activity
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...
Rally for voting rights in North Carolina today September 3, 2015 at the State Capitol at 5pm.
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."
The North Carolina Court of Appeals affirms the Industrial Commission's award of temporary-total disability workers' compensation benefits for a worker who was injured playing laser tag as part of his employer's annual sales conference.
We here are dedicated to contributing to our communities, legal and otherwise. Edelstein & Payne is proud to acknowledge that partner Steve Edelstein has agreed to chair the Civil Rights Section of the North Carolina Advocates for Justice. His appointment is recognition of Steve's contributio...
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.
Firm partner Vanessa Lucas will present strategies in prosecuting disability discrimination cases and opposing defense motions for summary judgment at an Advocates for Justice CLE in August.
The Fair Labor Standards Act requires that employees be paid the overtime rate for every hour worked in excess of 40 in a week. This article describes the factors for determining whether a worker classified as an independent contractor is actually an employee due overtime (and possible back payment for past unpaid overtime).