Month: February 2017

North Carolina Court of Appeals Opinions for February 21, 2017

By / February 21, 2017

The N.C. Court Appeals released a batch of opinions today: Gurganus v. Gurganus  (16-163) summary judgment; equitable distribution; NCGS § 50-20.1; subject matter jurisdiction Hauser v. Hauser  (16-606) Tortious interference with an expected inheritance; constructive fraud; breach of fiduciary duty; demand for an accounting Li v. Zhou  (16-755) Contempt Order; Attorney’s Fees; Proper Purpose of …

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No standing for speculative harm in data breach – Fourth Circuit

By / February 17, 2017

Beck v. McDonald. At a VA hospital, a laptop holding 7,400 patients personal information was secured to a medical device by only a strip of Velcro. Unsurprisingly, it was stolen. Two veterans sued the VA over the compromise of their personal information. The veterans sued for violations of the Privacy Act of 1974 and the Administrative Procedures …

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N.C. Court of Appeals rules that lawsuit to declare sweepstakes scheme legal can proceed – T & A Amusements, LLC V. McCrory

By / February 12, 2017

T & A Amusements, LLC V. McCrory. Lawsuits for injunctive relief as to legality of an activity are not barred by sovereign immunity where there is a threat of enforcement. Basically, a few sweepstakes promoters sued to figure out if their scheme was a legal way around contest and promotion regulations in the state. The state argued …

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City of Petersburg, Virginia Police Social Media Policy Unconstitutional

By / February 9, 2017

Liverman v. City of Petersburg. Late last year (I know; I’m way behind), the Fourth Circuit struck down the unconstitutional social media policy of the City of Petersburg Bureau of Police. The policy prohibited sharing information that would discredit or reflect poorly on the department or any other city department or employee. The policy said: …

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North Carolina Court of Appeals Opinions for February 7, 2017

By / February 7, 2017

The N.C. Court Appeals released a batch of opinions today: Tropic Leisure Corp. v. Hailey  (15-1254-2) Full Faith and Credit; Uniform Enforcement of Foreign Judgment Act; Due Process; Opportunity to be Heard; Right to Appear with Counsel Burns v. Kingdom Impact Global Ministries, Inc.  (15-1313)  Quiet title action; Standing as trustees for a non-incorporated religious …

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