The North Carolina Court of Appeals released a batch of opinions today: Anderson, v N. C. State Bd. Of Elections (14-1369). Mootness; Capable of Repetition, yet evading review to mootness; Public interest exception to mootness; Election Law; Petition for Judicial Review [Watauga County early voting case] In re: Skinner (15-384). Clerk’s rulings on issues of law reviewed …
N.C. Court of Appeals Opinions for June 21, 2016 Read More »
State v. Bishop. According to a North Carolina Supreme Court opinion handed down last week, the state’s anti-cyberbullying statute is unconstitutional under the First Amendment. N.C.G.S. § 14-458.1 makes it “unlawful for any person to use a computer or computer network to . . . [p]ost or encourage others to post on the Internet private, personal, or sexual information …
N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court Read More »
The North Carolina Supreme Court released a batch of opinions today: Morris v. Scenera Research LLC, (429PA13) (View COA Opinion). Action under N.C. Wage & Hour Act for payment of patent bonuses to former employee; whether employee was entitled to elect to rescind certain patent assignments in lieu of damages awarded by a jury and the …
The North Carolina Court of Appeals released a batch of opinions today: Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc. (15-680). Tripartite Attorney-Client Privilege; Common Interest Doctrine (Good read for lawyers, probably boring for everyone else) Gerity v. NC Dept. of Health & Hum. Servs. (15-843). Whistleblower Act Glenn v. Johnson (15-523). summary judgment; negligent …
US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …
Fourth Circuit reverses itself: no warrant needed for historical cell site data Read More »
The North Carolina Court of Appeals has released a batch of opinions: State v Miller (14-1310-2) (View Supreme Court Opinion). NCGS 20-38.7(a); NCGS 15A-1432; Record on Appeal; Jurisdiction; State’s appeal of Suppression to Superior Court. Blondell v. Ahmed (15-796). real estate commission, duty of good faith and fair dealing, parol evidence rule Blue v. Mountaire Farms, Inc. …
The North Carolina Court of Appeals released a batch of opinions today: Bigelow v. Sassafras Grove Baptist Church (15-557). 12(b)(6) Motion to Dismiss; First Amendment Free Exercise and Establishment Clauses. [“ministerial exception” and the “ecclesiastical abstention doctrine,” do not preclude courts from resolving contractual disputes not involving ecclesiastical issues and requiring only application of neutral principles of contract and statutory …
Epic Games v. Johnson. A guy named Johnson built a software platform for game developers while in college. In 2005, Epic Games negotiated with Johnson to purchase “Reality Engine” and recruited him to North Carolina from London. There were seven contracts that sold Johnson’s company and Reality Engine to Epic. In exchange, Epic gave Johnson …
An epic arbitration provision must be enforced – NC Court of Appeals Read More »
The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …
N.C. Supreme Court Opinion on Judicial Retention Elections Read More »
The North Carolina Court of Appeals released a batch of opinions today: State v. Singletary (15-1125). Facial and as applied Constitutional challenge of NCGS 14-27.4A(c). Egregious aggravation. Sixth Amendment. Blakely v. Washington. Expert witness compensation. Jury instruction on interested witness. Campbell v. Garda USA, Inc. (15-756). Workers’ Compensation; Attorneys’ Fees; Unfounded Litigiousness In re: S.Z.H. (15-1270). notice of …