Month: March 2016

N.C. Supreme Court Opinions for March 18, 2016

The North Carolina Supreme Court released a batch of opinions Friday: Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC, (316A14) (View COA Opinion). Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser’s claims for breach of a non-compete agreement and for tortious interference with …

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N.C. Court of Appeals Opinions for March 15, 2016

The North Carolina Court of Appeals released a batch of opinions today: Bennett v. Hospice & Palliative Care Ctr. Of Alamance-Caswell  (15-667). Medical malpractice; N.C. R. Civ. P. 9(j); loss of sepulcher, breach of contract are not “medical malpractice” claims Blackburn v. NC Dep’t Of Pub. Safety  (15-556). Career state employee; Just cause for termination; Sufficiency of …

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Fourth Circuit OKs “Choose Life” license plates [UPDATED]

The opinion has not yet posted, but I will write more on it soon. For now, this is from WRAL: The 4th U.S. Circuit Court of Appeals ruled Thursday that “Choose Life” license plates state lawmakers approved in 2011 are constitutional, reversing a decision the same court made two years ago. After the court found in …

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Campaign Finance Law Altering PAC Contribution Limits After Waiting Period O.K. Under First Amendment – Fourth Circuit

Stop Reckless Economic Instability Caused by Democrats v. FEC. Four PACs appealed a district court’s grant of summary judgment against them in their suit against the FEC. The PACs challenged the constitutionality of contribution limits under the Federal Election Campaign Act of 1971 (FECA).  52 U.S.C. §§ 30101–30146. The Fourth Circuit concluded that two of their three claims …

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N.C. Court of Appeals Opinions for March 1, 2016

The North Carolina Court of Appeals released a batch of opinions today: B S K Enters., Inc., v Beroth Oil Co.  (15-189). Groundwater contamination, trespass, nuisance, cost of remediation, diminution in value, OPHSCA Baldwin v. RHA Health Servs., Inc.  (15-952). Long term care facilities, health care provider, NCGS 90-21.11(1), medical malpractice, Rule 9(j) certification, Rule 12 (b)(6) …

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