The North Carolina Court of Appeals released a batch of opinions today: State v. Mylett (16-816) Spitting; Assault on a government officer; Requisite intent In re: J.K. (16-823) NCGS 7B-911 Boone Ford, Inc. v. IME Scheduler, Inc. (16-750) Consolidation Chastain v. Arndt (16-1151) Rule 12 motions to dismiss; sovereign immunity; purchase of insurance; Tort Claims …
N.C. Court of Appeals Opinions for April 18, 2017 Read More »
The Right Reverend Charles G. Vonrosenberg v. The Right Reverend Mark J. Lawrence. Plaintiff sued seeking declaratory and injunctive relief and claiming that Defendant violated the Lanham Act by falsely advertising himself as the Bishop of the Diocese of South Carolina. At Defendant’s request, the district court deferred to related state court proceedings. In Round …
Battle of the Bishops. Parallel jurisdiction in the Fourth Circuit (Round 2) Read More »
Crouse v. Town of Monks Corner. In October, 2013, a man, Berkeley, fell asleep in his car in a Wal-Mart parking lot. HIs three sons could not wake him and alerted securit, who then called the police. The responding officer, Roach, pulled the man from the car and threw him to the ground. He and another …
The North Carolina Court of Appeals released a batch of opinions today: State v. Rice (16-906) stolen firearms; constructive possession [It’s not Lock Stock and Two Smoking Barrels, that’s for sure.] Brackett v. Thomas (16-912) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2 Conleys Creek Ltd. P’ship v. Smoky Mountain Country Club Prop. …
N.C. Court of Appeals Opinions for April 4, 2017 Read More »
Loftus v. Bobzien. Bobzien, the Fairfax, Virginia, County Attorney, fired Loftus, an assistant county attorney, after she was elected to Fairfax City Council. The termination was “solely because she had been elected to the City Council.” Loftus sued claiming the termination violated her First Amendment rights, as well as Virginia Statute and a local Fairfax …
Times News Publishing v. The Alamance-Burlington Board of Education. Times News, a newspaper publisher, originally sought to compel the Board of Education to provide unredacted minutes of a series of closed-session meetings. The meetings at issue involved the resignation of the superintendent and an agreement to pay more than $220,000 in severance and vacation pay. After a …