T & A Amusements, LLC V. McCrory. Lawsuits for injunctive relief as to legality of an activity are not barred by sovereign immunity where there is a threat of enforcement. Basically, a few sweepstakes promoters sued to figure out if their scheme was a legal way around contest and promotion regulations in the state. The state argued …
Liverman v. City of Petersburg. Late last year (I know; I’m way behind), the Fourth Circuit struck down the unconstitutional social media policy of the City of Petersburg Bureau of Police. The policy prohibited sharing information that would discredit or reflect poorly on the department or any other city department or employee. The policy said: …
City of Petersburg, Virginia Police Social Media Policy Unconstitutional Read More »
The N.C. Court Appeals released a batch of opinions today: Tropic Leisure Corp. v. Hailey (15-1254-2) Full Faith and Credit; Uniform Enforcement of Foreign Judgment Act; Due Process; Opportunity to be Heard; Right to Appear with Counsel Burns v. Kingdom Impact Global Ministries, Inc. (15-1313) Quiet title action; Standing as trustees for a non-incorporated religious …
North Carolina Court of Appeals Opinions for February 7, 2017 Read More »
The North Carolina Supreme Court released a single opinion on the 27th: King v. Bryant, (294PA14) (View COA Opinion). Arbitration agreement unenforceable for breach of fiduciary duty. There were also 85 unpublished opinions.
A few weeks late here. On January 17, the N.C. Court of Appeals released a batch of opinions: Banks v. Hunter (16-666) Subject matter jurisdiction; mortgage; promissory note default; deed of trust; foreclosure. Brookline Residential, LLC v. City of Charlotte (16-202) Obligation of City to Call Infrastructure Bond; Declaratory and Injunctive Relief Edwards v. Edwards …
North Carolina Court of Appeals Opinions for January 17, 2017 Read More »
I got the standard email: This message notifies you that the N.C. Court of Appeals has filed new opinions on 3 January 2017. Please click here to view the new opinions on the N.C. Court System website (http://appellate.nccourts.org/opinions/). Thanks, N.C. Court System – Appellate Division http://appellate.nccourts.org/opinions/ But the website doesn’t have a 2017 link yet! …
So this happened (N.C. Court of Appeals website issue) Read More »
The N.C. Court Appeals released a batch of opinions today (it’s last for 2016): State v. Zubiena (16-316) Appeal as of Right Under N.C. Gen. Stat. 15A-1444; Withdrawal of Plea; Inconsistent Sentence Under N.C. Gen. Stat.15A-1024; Manifest Injustice; Abuse of Discretion in Imposing Fine; Excessive Fines Clause Adelman v. Gantt (16-339) Easement by necessity; easement …
North Carolina Court of Appeals Opinions for December 30, 2016 Read More »
The N.C. Supreme Court released a batch of opinions today: State v. Perry, (81A14) (View COA Opinion [File not Found]) Review of order denying defendant’s motion for appropriate relief seeking resentencing; defendant was mandatorily sentenced as a juvenile to life imprisonment without parole; retroactive application of the holding in Miller v. Alabama declaring sentences such as …
North Carolina Supreme Court Opinions for December 21, 2016 Read More »
The N.C. Court of Appeals released a batch of opinions yesterday: Beal v. Coastal Carriers, Inc. (16-420) Industrial Commission; South Carolina Workers’ Compensation Act; Location of Employment; Principally Employed Bradley Woodcraft, Inc. v. Dryfus (16-692) Economic Loss Doctrine; Directed verdict; Expert opinion testimony Corbett v. Lynch (16-221) Guardianship and custody; appointment of general guardian under …
North Carolina Court of Appeals Opinions for December 20, 2016 Read More »
Smith v. Baltimore City Police Dept. I’m way behind the calendar on this one. The TL;DR version: this woman was beat up by Baltimore police for filming the arrest of a juvenile. She sued the police. At trial, the trial court allowed evidence of her prior arrests to be admitted. The Fourth Circuit said this was error. It …