Month: September 2016

North Carolina Supreme Court opinions for September 23, 2016

The N.C. Supreme Court posted a set of opinions today: CommScope Credit Union v. Butler & Burke, LLP, (5PA15) (View COA Opinion) Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff’s financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto. State v. Nkiam, (385PA15) …

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North Carolina Court of Appeals Opinions for September 20, 2016

The N.C. Court of Appeals released a batch of opinions today: Bentley v. Jonathan Piner Constr.  (16-62) Workers’ Compensation Act; N.C. Gen. Stat. Sec. 97-84; statutory interpretation Breedlove v. Warren  (15-1381) Motion to Dismiss; Lack of Standing; Injury not traceable to defendant Henkel v. Triangle Homes, Inc.  (15-1123) federal tax liens, lien priority, and local …

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Court lacks jurisdiction to consider church constitution – N.C. Court of Appeals

Animaw Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church. Holy Trinity amended its constitution and bylaws. Soon after that, several church members sued for a declaratory judgment that several violations of the bylaws had occurred, including improperly conducting an election extending the terms of some council members, the adoption of the amendment, the transfer of …

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N.C. Court of Appeals Opinions for September 6, 2016

The North Carolina Court of Appeals released a batch of opinions today: Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church  (15-760) 1st Amendment – ecclesiastical matters; subject matter jurisdiction. MORE TO COME. Draughon v. Cobblestone HOA Of Clayton, Inc.  (15-1280) Implied in fact contract; benefits; estoppel; unjust enrichment Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC  …

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