The North Carolina Court of Appeals released a batch of opinions yesterday: State v. Martinez (16-374-2) propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant’s presentation of impeachment evidence Henderson v. The Charlotte-Mecklenburg Bd. of Educ. (16-977) Statutory Immunity; Interlocutory Appeal; Motion to Dismiss [Sort of a …
In re: J.L., (370A16) Review of recommendation for censure. [Censure for DWI, belligerence] United Cmty. Bank (Ga.) v. Wolfe, (289PA15) (View COA Opinion) Following nonjudicial foreclosure by power of sale, whether defendants’ affidavit giving their personal opinion on the true value of the foreclosed property was sufficient, standing alone, to establish a genuine issue of material …
The North Carolina Court of Appeals released a batch of opinions today: Anders v. Universal Leaf N. Am. (16-910) Workers’ Compensation, Hernia Injuries, Partial Disability, Parsons Presumption, Limitation Period on Claims for Additional Medical Compensation, Seagraves Test, Claimant’s Failure to Prove Disability Cole v. N.C. Dep’t of Pub. Safety (16-340) Career state employee; just cause; …
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 …
Verisign, Inc. v. XYZ.COM LLC. Verisign sued XYZ for false advertising under the Lanham Act. XYZ’s ad campaign for it’s new top level domain “.xyz” included claims that there was a scarcity of .com domains. Verisign is the exclusive operator of the .com and .net domains and so was understandably not thrilled with this ad …
Puffery alive and well in TLD operator marketing – Fourth Circuit Read More »