Month: May 2016

N.C. Court of Appeals Opinions for May 17, 2016

The North Carolina Court of Appeals has released a batch of opinions: State v Miller  (14-1310-2) (View Supreme Court Opinion). NCGS 20-38.7(a); NCGS 15A-1432; Record on Appeal; Jurisdiction; State’s appeal of Suppression to Superior Court. Blondell v. Ahmed  (15-796). real estate commission, duty of good faith and fair dealing, parol evidence rule Blue v. Mountaire Farms, Inc.  …

N.C. Court of Appeals Opinions for May 17, 2016 Read More »

N.C. Court of Appeals Opinions for May 10, 2016

The North Carolina Court of Appeals released a batch of opinions today: Bigelow v. Sassafras Grove Baptist Church  (15-557). 12(b)(6) Motion to Dismiss; First Amendment Free Exercise and Establishment Clauses. [“ministerial exception” and the “ecclesiastical abstention doctrine,” do not preclude courts from resolving contractual disputes not involving ecclesiastical issues and requiring only application of neutral principles of contract and statutory …

N.C. Court of Appeals Opinions for May 10, 2016 Read More »

An epic arbitration provision must be enforced – NC Court of Appeals

Epic Games v. Johnson. A guy named Johnson built a software platform for game developers while in college. In 2005, Epic Games negotiated with Johnson to purchase “Reality Engine” and recruited him to North Carolina from London. There were seven contracts that sold Johnson’s company and Reality Engine to Epic. In exchange, Epic gave Johnson …

An epic arbitration provision must be enforced – NC Court of Appeals Read More »

N.C. Supreme Court Opinion on Judicial Retention Elections

The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …

N.C. Supreme Court Opinion on Judicial Retention Elections Read More »

N.C. Court of Appeals Opinions for May 3, 2016

The North Carolina Court of Appeals released a batch of opinions today: State v. Singletary  (15-1125). Facial and as applied Constitutional challenge of NCGS 14-27.4A(c). Egregious aggravation. Sixth Amendment. Blakely v. Washington. Expert witness compensation. Jury instruction on interested witness. Campbell v. Garda USA, Inc.  (15-756). Workers’ Compensation; Attorneys’ Fees; Unfounded Litigiousness In re: S.Z.H.  (15-1270). notice of …

N.C. Court of Appeals Opinions for May 3, 2016 Read More »