The North Carolina Court of Appeals released a batch of opinions today: State v Biddix (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co., (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice, (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …
N.C. Court of Appeals Opinions for December 15, 2015 Read More »
Opinion: DIRECTV v. Imburgia (pdf). Rather than rehash the opinion, here are links to some coverage: U.S. top court rules for DirecTV in arbitration case – Reuters. SCOTUS upholds contract ban on mass arbitration in second ADR case involving California law – ABA Journal. Opinion analysis: Justices rebuke California courts (again) for refusal to enforce arbitration agreement – …
Baldino’s Lock & Key Service, Inc. v. Google, Inc.. Unpublished. A locksmithing company sued Google and others for publishing the names, addresses and phone numbers of unlicensed locksmiths on their websites in order to gain advertising revenue. The locksmith argued, among other things, that this practice violated the Lanham Act, which creates a private right of action for corporate …
Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …
A victory for LexisNexis under the FCRA – Fourth Circuit Read More »
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 …
N.C. Court of Appeals Opinions for December 1, 2015 Read More »
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 Unpublished opinion.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 …
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 …
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 …
N.C. Court of Appeals Opinions for November 17, 2015 Read More »
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 …
Analysis: Sex offenders and social networking, State v. Packingham – NC Supreme Court Read More »
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 …
High court declines to hear cell-site data case – SCOTUS Read More »