Month: June 2016

N.C. Court of Appeals Opinions for June 21, 2016

The North Carolina Court of Appeals released a batch of opinions today: Anderson, v N. C. State Bd. Of Elections  (14-1369). Mootness; Capable of Repetition, yet evading review to mootness; Public interest exception to mootness; Election Law; Petition for Judicial Review [Watauga County early voting case] In re: Skinner  (15-384). Clerk’s rulings on issues of law reviewed …

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N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court

State v. Bishop. According to a North Carolina Supreme Court opinion handed down last week, the state’s anti-cyberbullying statute is unconstitutional under the First Amendment. N.C.G.S. § 14-458.1 makes it “unlawful for any person to use a computer or computer network to . . . [p]ost or encourage others to post on the Internet private, personal, or sexual information …

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N.C. Court of Appeals Opinions for June 7, 2016

The North Carolina Court of Appeals released a batch of opinions today: Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc.  (15-680). Tripartite Attorney-Client Privilege; Common Interest Doctrine (Good read for lawyers, probably boring for everyone else) Gerity v. NC Dept. of Health & Hum. Servs.  (15-843). Whistleblower Act Glenn v. Johnson  (15-523). summary judgment; negligent …

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Fourth Circuit reverses itself: no warrant needed for historical cell site data

US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …

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