The North Carolina Supreme Court released a few opinions yesterday: Duke Energy Carolinas, LLC v. Gray, (108PA14-2) (View COA Opinion). Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff’s action to enforce its easement rights against an alleged encroachment by defendant. [Yes] E. Carolina Reg’l Hous. Auth. v. Lofton, (32PA15) …
The North Carolina Court of Appeals released a batch of opinions today: Burger v. Burger (16-113). Alimony; equitable distribution Cape Hatteras Electric Membership Corp. v. Stevenson (15-1102). Electric Cooperative; Interpretation of Bylaws; Intentional Interference with Contract Zetino-Cruz v. Benitez-Zetino (15-1154). change of venue Dabbondanza v. Hansley (16-117). Lien and Judgment Priority, Rule 70, Nunc Pro Tunc Orders, Chain of …
N.C. Court of Appeals Opinions for August 16, 2016 Read More »
This case has received significant press, so I won’t cover it here in the same format I usually do. Instead, I will excerpt some of the other coverage, the case and then add my own thoughts. From Politico: A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover …
Kim Dotcom loses at the Fourth Circuit – U.S. v. Finn Batato Read More »
Hubbard v. N.C. State Univ. Hubbard worked for NCSU beginning in 2004. Near the end of 2013, she began reporting her supervisor for alleged misconduct. In April 2014, she was given a letter terminating her employment effective July 24, 2014. She sued claiming (1) violation of the North Carolina Whistleblower Act, (2) wrongful termination in …
Brooksby v. N.C. Administrative Office of the Courts. Plaintiffs contacted clerks’ offices in ninety North Carolina counties seeking to copy and scan public foreclosure records using their own staff and equipment. They pulled foreclosure records, then scanned them using cell phones and portable cameras and scanners. In June 2013, the Randolph County Clerk’s Office denied …
The North Carolina Court of Appeals released a batch of opinions today: Acts Ret.-Life Cmtys., Inc. v. Town of Columbus (15-1333). Continuing wrong doctrine Adams v. State of NC (15-1275). Pay schedule for North Carolina magistrates, N.C. Gen. Stat. § 7A-171.1; contractual relationship between State employees and the State; employee benefits and vested benefits; constitutional claims Brooksby …
N.C. Court of Appeals Opinions for August 2, 2016 Read More »