US v. Rush. These excerpts say really everything you need to know: A law enforcement officer knowingly lied to Defendant Kenneth Rush by claiming that he had a warrant to search the apartment where Defendant was staying when no warrant in fact existed. . . . On appeal, Defendant argues that the evidence should have …
Police can’t lie about having a search warrant – Fourth Circuit Read More »
Chambers v. Amazon. Unpublished. So, this case isn’t setting any precedent. It’s not going to make a casebook any time soon. But it is fun interesting. Roland Chambers, Jr., appealed the district court’s order dismissing his copyright infringement lawsuit. Chambers sued Amazon, Apple, CD Baby and others. He claimed (sort of) that each was liable …
Fourth Circuit affirms dismissal of frivolous $4 Billion copyright claim Read More »
The North Carolina Supreme Court has issued a batch of opinions: Dickson v. Rucho, (201PA12-3). On remand; application of U.S. Supreme Court’s opinion in Alabama Legislative Black Caucus v. Alabama, ___ U.S. ___, 135 S. Ct. 1257 (2015), to this Court’s prior decision affirming the 2011 N.C. Congressional, Senate, and House redistricting plans. Additional coverage: N&O; WFAE; Citizen-Times. …
N.C. Supreme Court Opinions for December 18, 2015 Read More »
State v. Hurtado. Unpublished. The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment. In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also …
The North Carolina Court of Appeals released a batch of opinions today: State v Biddix (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co., (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice, (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …
N.C. Court of Appeals Opinions for December 15, 2015 Read More »
Opinion: DIRECTV v. Imburgia (pdf). Rather than rehash the opinion, here are links to some coverage: U.S. top court rules for DirecTV in arbitration case – Reuters. SCOTUS upholds contract ban on mass arbitration in second ADR case involving California law – ABA Journal. Opinion analysis: Justices rebuke California courts (again) for refusal to enforce arbitration agreement – …
Baldino’s Lock & Key Service, Inc. v. Google, Inc.. Unpublished. A locksmithing company sued Google and others for publishing the names, addresses and phone numbers of unlicensed locksmiths on their websites in order to gain advertising revenue. The locksmith argued, among other things, that this practice violated the Lanham Act, which creates a private right of action for corporate …
Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …
A victory for LexisNexis under the FCRA – Fourth Circuit Read More »
The North Carolina Court of Appeals released a batch of opinions yesterday: Chandler v Atl. Scrap & Processing, (14-1351). Workers’ Compensation; reasonableness of plaintiff’s delay in requesting compensation for attendant care services; motion for attorneys’ fees under NCGS 97-88 Easter-Rozzelle v. City of Charlotte (15-594). NCGS 97-10.2. Third party claim. Settlement of personal injury claim without written …
N.C. Court of Appeals Opinions for December 1, 2015 Read More »