In re Redmond, (86A16) (View COA Opinion) Appeal from Industrial Commission’s denial of benefits under the N.C. Eugenics Compensation Program based on deceased claimant’s constitutional challenge to a statutory requirement to qualify for the Program; whether the Court of Appeals has jurisdiction over the appeal; application of N.C.G.S. 1-267.1(a1). In re Hughes, (87A16) (View COA …
Abilt v. Maryland. The Fourth Circuit barred a claim of discrimination and retaliation by a clandestine CIA operative because the claim necessarily implicated state secrets. The opinion provides a good overview of the state secrets privilege doctrine. Abilt (not his real name) was hired as an applications developer for the CIA in June 2006. About the …
The N.C. Court Appeals released a batch of opinions today: Harris v. N.C. Dep’t of Pub. Safety (16-341) Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02 Key Risk Ins. Co. v. Peck (16-872) Third party workers’ compensation claim – NCGS 97-10.2; Motion to substitute …
North Carolina Court of Appeals Opinions for March 7, 2017 Read More »
The N.C. Court Appeals released a batch of opinions today: Gurganus v. Gurganus (16-163) summary judgment; equitable distribution; NCGS § 50-20.1; subject matter jurisdiction Hauser v. Hauser (16-606) Tortious interference with an expected inheritance; constructive fraud; breach of fiduciary duty; demand for an accounting Li v. Zhou (16-755) Contempt Order; Attorney’s Fees; Proper Purpose of …
North Carolina Court of Appeals Opinions for February 21, 2017 Read More »
Watts-Robinson v. Shelton. Watts-Robinson sued Shelton for defamation, claiming he had defamed her while testifying before the Disciplinary Hearing Commission of the North Carolina State Bar. During the DHC hearing, Watts-Robinson was accused of mismanaging funds in client trust by taking interest on the account for herself (rather than the Interest on Lawyer Trust Account …
Beck v. McDonald. At a VA hospital, a laptop holding 7,400 patients personal information was secured to a medical device by only a strip of Velcro. Unsurprisingly, it was stolen. Two veterans sued the VA over the compromise of their personal information. The veterans sued for violations of the Privacy Act of 1974 and the Administrative Procedures …
No standing for speculative harm in data breach – Fourth Circuit Read More »
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.