» Judicial Decisions

State v. Steele: What is a Law Enforcement Show of Authority?

“The issue in this case is whether a driver is ‘seized’ within the meaning of the Fourth Amendment when he is tailed by a marked police cruiser down empty streets at 3 a.m., followed into an empty parking lot, and then hailed down by the office… Read More
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Fourth Circuit discusses employers' duty to combat hostile work environments created by third parties

Yesterday, the Fourth Circuit Court of Appeals ruled in favor a plaintiff filing suit over a racially hostile work environment. The opinion contains an important discussion of employers’ responsibility to combat hostile work environments create… Read More
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Victory: Court of Appeals finds tenure repeal unconstitutional

Earlier this week, the North Carolina Court of Appeals ruled in favor of Patterson Harkavy’s clients, finding that the state’s 2013 repeal of teacher tenure violated the North Carolina Constitution and the United States Constitution. For over for… Read More
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Court of Appeals rules in favor of Narendra's client, vacating criminal conviction

Yesterday, the North Carolina Court of Appeals issued a published opinion in favor of Narendra Ghosh’s client Kenneth Leak. The Court vacated Mr. Leak’s conviction for possession of a firearm by a felon, finding that it was obtained in a… Read More
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Fourth Circuit expands protections for harassment victims

Yesterday afternoon, the Fourth Circuit issued an en banc decision supporting the rights of workplace harassment victims. See Boyer-Liberto v. Fountainebleau Corporation, No. 13-1473 (May 7, 2015). The opinion offers important insight into what level… Read More
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Burton and Narendra secure Supreme Court win in medical malpractice discovery dispute

In Hammond v. Saini, __ N.C. ___, 766 S.E.2d 590 (2014), the North Carolina Supreme Court unanimously ruled in favor of Patterson Harkavy’s client, Plaintiff Judy Hammond. Ms. Hammond suffered severe injuries from an operating room fire while u… Read More
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Patterson Harkavy attorneys prevail; private school vouchers declared unconstitutional

At a hearing today in Raleigh, Superior Court Judge Robert Hobgood declared that North Carolina’s recently-enacted private school voucher program violates various provisions of the North Carolina Constitution, and issued a permanent injunction prev… Read More
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Judge Hobgood issues written order declaring tenure repeal unconstitutional

Yesterday, Judge Hobgood issued an order putting into effect his prior ruling enjoining the repeal of teacher tenure in North Carolina. The ruling rolls back the General Assembly’s attempt to retroactively eliminate public school teachers’ employ… Read More
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Victory: Tenure repeal declared unconstitutional

At 11 am this morning, Superior Court Judge Robert Hobgood sided with Patterson Harkavy’s attorneys and ruled that legislation stripping teachers of their vested employment rights violated the North Carolina and the United States Constitutions. For… Read More
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Voucher victory as Court of Appeals permits preliminary injunction to remain in place

Advocates for private school vouchers suffered another defeat today, as the North Carolina Court of Appeals left in place Judge Hobgood’s order enjoining the state’s private school voucher scheme. The North Carolina General Assembly enact… Read More
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