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Commercial: Res judicata and collateral estoppel bars attempted relitigation of claims
Where a cabinet maker sued multiple parties, but most of its claims were barred by res judicata or collateral estoppel from a prior arbitration, and the remaining claims were barred by the statute of limitations or laches, the suit was dismissed.
Contract: Former employees enjoined from using trade secrets
Where former employees did not dispute that they took information about clients when they left a wealth management firm to establish their own firm, and that such information was a trade secret, the district court’s injunction was affirmed.
Criminal: Child pornography conviction is vacated
Where the district court did not evaluate each element of a three-part test when it concluded that a prison was part of the special territorial jurisdiction of the United States, the defendant’s conviction was vacated.
Criminal: Divided appellate court affirms denial of compassionate release motion
Where the defendant argued that the district court did not adequately explain why it denied his motion for compassionate release, but the record showed otherwise, the district court’s order was affirmed.
Criminal: Challenge to Rule 11 colloquy fails
Where the defendant argued his Rule 11 colloquy, following his guilty plea, was plainly erroneous because he was not told that each § 922(g)(5) count carried up to 10 years’ imprisonment, his argument failed. Even if this was a plain error, the record showed no reasonable probability that he would have otherwise proceeded to trial.
Tort: Company waited too long before suing its former president
Where a company sued its former president for breach of fiduciary duty, business conspiracy and fraud, but each of its claims was time barred or otherwise failed as a matter of law or fact, the former president prevailed on the claims and was awarded his attorneys’ fees and costs.
Criminal: Anonymous jury convicts man for sending threatening letters
Where a man who was convicted of mailing threatening letters to a prosecutor and investigator challenged the use of an anonymous jury, his challenge was rejected. The district court pointed to his previous attempts to interfere with the judicial process, his previous threats to harm those involved in his prosecution, the potential for a lengthy prison term and the potential for the jury to face ha[...]
Bankruptcy: Federal courts have jurisdiction over solvent debtors
A divided appellate court held that federal courts have subject-matter jurisdiction over bankruptcy cases filed by debtors who may be able to pay their obligations.
Criminal: Defendant’s ineffective assistance claim fails
Where the defendant argued his attorney rendered ineffective assistance during sentencing, but he could not show the performance was constitutionally deficient or that the result would have been different, his argument was rejected.
Criminal: Sentence stands despite incorrect jury instructions
Where the jury was improperly instructed, but the defendant failed to show how the result would have been different had the jury been properly instructed, his convictions for conspiracy and for aiding and abetting the distribution of controlled substances outside the usual course of his professional practice were affirmed.
Retirement: North Carolina seeks recoupment of erroneously paid retirement benefits
Where a woman who erroneously received extra retirement benefits filed suit after the state began recoupment efforts, but each of her claims failed as a matter of law, her suit was dismissed.
Contract: Medical device developer sues patent consultant
Where a genuine dispute of fact exists as to whether a company hired to maintain patents overcharged a medical device developer, the district court erred when it granted summary judgment to the patent consultant.
Legal Tech
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
- How ransomware tactics against law firms are changing
Verdicts & Settlements
- Motor Vehicle Negligence – Motorcyclist suffers severe injuries in vehicle accident
- Medical Malpractice – Patient dies after alleged improper medicine admin
- Workers’ Compensation-Vehicle accident paralyzes Brazilian cement worker
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
Opinion Digests
- Criminal – Defendant convicted based upon Commonwealth witnesses’ testimony
- Zoning – Party failed to show its due process rights were violated
- Tort – Jury’s zero-damages verdict for inmate plaintiff affirmed
- Parent and child – Record supported termination of mother’s parental rights
- Criminal – Man convicted of grand larceny after stealing $26,000
- Parent and child – Brothers dispute who should be their mother’s guardian
- Tort – Allegedly defamatory statements lacked the requisite “sting”
