Brandon J. Huffman

Brandon is the founder of Odin Law and Media. His law practice focuses on transactions and video games, digital media, entertainment and internet related issues. He serves as general counsel to the International Game Developers Association and is an active member of many bar associations and community organizations. He can be reached at brandon at odin law dot com.

N.C. Court of Appeals Opinions for December 1, 2015

By / December 2, 2015

The North Carolina Court of Appeals released a batch of opinions yesterday: Chandler v Atl. Scrap & Processing,  (14-1351). Workers’ Compensation; reasonableness of plaintiff’s delay in requesting compensation for attendant care services; motion for attorneys’ fees under NCGS 97-88 Easter-Rozzelle v. City of Charlotte  (15-594). NCGS 97-10.2. Third party claim. Settlement of personal injury claim without written …

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Civil Computer Fraud and Abuse Act, ECPA award, attorneys fees, affirmed – Fourth Circuit

By / November 23, 2015

Tech Systems, Inc. v. Pyles. Unpublished opinion. Pyles argued that the district court erred in, among other things, denying her motion as to violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 (2012) and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701 (2012). The Fourth Circuit disageed. The CFAA …

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Remember to actually raise the First Amendment argument on appeal – N.C. Court of Appeals

By / November 19, 2015

State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …

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N.C. Court of Appeals Opinions for November 17, 2015

By / November 17, 2015

The North Carolina Court of Appeals released a batch of opinions today: Bilodeau v. Hickory Bluffs Cmty. Servs. Ass’n, Inc. (15-501). Liens and fines. PCA. NCGS 47F. Authority to lien. Common areas. Required Notice. Rescission of a prior board decision. Chen v Zou (15-228). service of process by publication, divorce judgment, Rule 60(b)(4) – void judgments Comstock …

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Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court

By / November 11, 2015

I posted previously about State v. Packingham, in which the North Carolina Supreme Court upheld a state statute prohibiting the use of social networking sites by registered sex offenders. In that post, I promised more analysis. Here it is. The statute at issue in the decision is N.C.G.S. § 14-202.5: (a) Offense. — It is unlawful …

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High court declines to hear cell-site data case – SCOTUS

By / November 11, 2015

I have previously written about the Fourth Circuit’s decision in US v. Graham, in which the divided court concluded that extended cell-site data could not be admitted without a warrant – and splitting from other circuits. I’ve also previously written about State v. Perry, in which the N.C. Court of Appeals concluded no warrant was …

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N.C. Supreme Court Opinions for November 6, 2015

By / November 6, 2015

The North Carolina Supreme Court has issued a batch of opinions: State v. Packingham, (366PA13). Whether N.C.G.S. 14-202.5, prohibiting all registered sex offenders from accessing commercial social networking internet sites, is constitutional on its face and as applied. Additional Coverage. Even more to come. Morningstar Marinas/Eaton Ferry, LLC v Warren County, et al., (131A14). Appeal by a …

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North Carolina Supreme Court upholds law prohibiting registered sex offenders from accessing a social networking site

By / November 6, 2015

State v. Packingham. This opinion just broke. More analysis to come. For now, here are a few nuggets: N.C.G.S. § 14-202.5 bans use of commercial social networking Web sites by registered sex offenders. Defendant, a registered sex offender, had a Facebook account. The case went to trial and, after considering evidence that defendant maintained a …

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A single cell phone photo insufficient to show intent under 18 U.S.C. § 2251(a) – Fourth Circuit

By / November 6, 2015

US v. Palomino-Coronado. Let’s get something out of the way: the Defendant-Appellant is a bad guy. Facts are clear that he repeatedly raped his seven year old neighbor. The appeal does not argue otherwise. Instead, the appeal argues that the statute under which Palomino-Coronado was convicted, 18 U.S.C. § 2251(a), has a specific intent requirement. The statute …

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N.C. Court of Appeals Opinions for November 3, 2015

By / November 4, 2015

The North Carolina Court of Appeals released a batch of opinions today: Clarke, ex rel v Mikhail (15-235). Medical malpractice; wrongful death; intervening and superseding negligence; burden of proof; bifurcation; 404(b) evidence; causation; jury instruction Collins v. Collins  (15-481). Accustomed standard of living; Findings of fact; NCGS 50A-16.3A; Savings as part of alimony; Attorney fees; Late entry of …

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