Month: October 2016

Attorney speech can be regulated by Rules of Professional Conduct – N.C. Court of Appeals

North Carolina State Bar v. Sutton. Defendant, a lawyer, appealed from a disciplinary proceeding concerning alleged misconduct over several years and in several cases. Specifically, seven different instances: Defendant repeatedly interjected in a deposition; said to opposing counsel: “Fagan, you know what your problem is? Your problem is that you need a boyfriend or a …

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North Carolina Court of Appeals Opinions for October 18, 2016

The N.C. Court of Appeals released a batch of opinions today: Abrons Fam. Prac. & Urgent Care, PA v. NC Dep’t of Health & Hum. Servs.  (15-1197) Medical providers entitlement to medicaid payment, Exhaustion of administrative remedies, Impossibility Chafin v. Chafin  (15-1152) Equitable Distribution Fullwood v. Barnes  (16-357) Tort claims against police officer; governmental immunity; …

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North Carolina Court of Appeals Opinions for October 4, 2016

The N.C. Court of Appeals released a batch of opinions today: Baldelli v. Baldelli  (16-142) Equitable distribution; jurisdiction; prior action In re: Lyle Dippell  (16-54) Right to appeal from Clerk of Court’s order that a person is not incompetent In re: K.P. & C.P.  (16-295) Requirements for adjudication of juveniles as neglected and dependant State …

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Fourth Circuit talks legislative prayer – Lund v. Rowan County

Lund v. Rowan County. Rowan County, North Carolina opens its board of commissioners meetings with a prayer. It is a routine practice, and the invocations rotate between board members. The bulk of the prayers invoke Christianity in some form. In 2012, the ACLU sent a letter to Rowan County objecting to the invocations, asserting a …

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