The North Carolina Court of Appeals has released a new batch of opinions: State v Campbell (13-1404-2). fatal variance, special property interest, ineffective assistance of counsel, NC Rules of Evidence 403 & 404(b) CB Windswept, LLC v Cape Fear Pub. Util. Auth. (15-374). Water and sewer impact fees- ultra vires Miller v Miller (15-309). credit for over payment of …
N.C. Court of Appeals Opinions for October 20, 2015 Read More »
Employment Staffing Group v. Little. Most tech practitioners can recite the doctrine that a non-compete is not enforceable without consideration. Usually, the offer of employment is the consideration. Sometimes, an employer wants to add a non-competition covenant after the employment has already begun. Lawyers vary on what they tell their client is the minimum possible consideration. Some …
$100 sufficient to support non-compete – N.C. Court of Appeals Read More »
Asheville v. State. This case is outside the normal scope of this blog, but it’s a big case. In 2013, the state adopted a law requiring the transfer of Asheville’s municipal water system to the Metropolitan Sewerage District. The City challenged the law, arguing that the law was unconstitutional because (1) the Transfer Provision is a “local …
The North Carolina Court of Appeals has released this month’s opinions: Atl. Coast Props., Inc. v Saunders, (14-1278). Cotenants; Adverse Possession; Constructive Ouster; Summary Judgment Standard. Burger v Smith (15-180). Child Custody and visitation- adequate findings. City of Asheville v State of N. Carolina, (14-1255). General Assembly’s authority to regulate powers of political subdivisions; Constitutional limitations …
N.C. Court of Appeals Opinions for October 6, 2015 Read More »
US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …
Fourth Circuit affirms wiretap evidence (unpublished) Read More »
Spokeo v. Robins, No. 13-1339 [Argument: November 2, 2015] Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. The issue …
The North Carolina Supreme Court has issued this month’s opinions: State v. Taylor, (1A15). Whether the trial court committed plain error by admitting testimony from a detective that vouched for the credibility of the alleged victim. State v. Pendergraft, (49A15). Whether an indictment charging defendant with obtaining property by false pretenses was fatally defective because it …
North Carolina Supreme Court Opinions for September 25, 2015 Read More »
State v Perry. In a decision reminiscent of the Fourth Circuit’s recent holding in US v. Graham (that access to extended cell site data requires a warrant), the North Carolina Court of Appeals has come to some… interesting conclusions. First, the Court of Appeals rejected an argument that cell site information sent to an officer by …
No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals Read More »
The North Carolina Court of Appeals has released this month’s opinions: A & D Envtl. Servs., Inc. v Miller, (14-1397). Interlocutory appeal, substantial right, venue, NCGS § 1-294 Brittian v Brittian, (15-139). Wills, declaratory judgment action, caveat Credit Union Auto Buying Serv., Inc. v Burkshire Props. Grp. Corp., (15-187). Personal jurisdiction; quasi in rem Ehrenhaus v Baker, (14-1201). Attorneys’ …
N.C. Court of Appeals Opinions for September, 2015 Read More »
The Fourth Circuit will hear oral arguments this week at Campbell Law School here in Raleigh. They’ll hear three cases at the school. Among them, Melanie Lawson v. Union County Clerk, which asks the question: Does a government official’s termination of a deputy court clerk for campaigning for office of clerk violate the First Amendment? Argument will …