North Carolina Court of Appeals Opinions for December 6, 2016

By / December 6, 2016

The N.C. Court of Appeals released a batch of opinions today: State v Ledbetter  (15-414-2) Appellate review of guilty plea; Jurisdiction; writ of certiorari; Appellate Rules 1,2, and 21; NCGS 15A-1444(e); suspension of appellate rules. She’s no Lilly. Alexander v. Alexander  (16-556) Unfair and Deceptive Trade Practices Act; In or Affecting Commerce; Misappropriation of Corporate Funds …

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North Carolina Court of Appeals Opinions for November 15, 2016

By / November 15, 2016

The N.C. Court of Appeals released a batch of opinions today: Allied Spectrum, LLC v. German Auto Ctr., Inc.  (16-283) Voluntary dismissal; Summary judgment; Genuine issue of material fact Bolier & Co., LLC v. DECCA Furniture (USA), Inc.  (15-1219)  Interlocutory Appeal; Substantial Right; Appellate Jurisdiction Flynn v. Schamens  (16-410) Arbitration award Hinton v. Hinton  (16-85) …

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North Carolina Court of Appeals Opinions for November 1, 2016

By / November 1, 2016

The N.C. Court of Appeals released a batch of opinions today: Davis v. Davis  (16-400) Restraints on Alienation, Life Estate Interests, Reservation of Interest, Vacation Property. Hedden v. Isbell  (16-406)  Alienation of affection; personal jurisdiction; appellate jurisdiction In re: J.R., A.R., K.R.  (16-384) abused and neglected juveniles, denial of attempt to waive counsel SED Holdings, …

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Attorney speech can be regulated by Rules of Professional Conduct – N.C. Court of Appeals

By / October 28, 2016

North Carolina State Bar v. Sutton. Defendant, a lawyer, appealed from a disciplinary proceeding concerning alleged misconduct over several years and in several cases. Specifically, seven different instances: Defendant repeatedly interjected in a deposition; said to opposing counsel: “Fagan, you know what your problem is? Your problem is that you need a boyfriend or a …

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North Carolina Court of Appeals Opinions for October 18, 2016

By / October 18, 2016

The N.C. Court of Appeals released a batch of opinions today: Abrons Fam. Prac. & Urgent Care, PA v. NC Dep’t of Health & Hum. Servs.  (15-1197) Medical providers entitlement to medicaid payment, Exhaustion of administrative remedies, Impossibility Chafin v. Chafin  (15-1152) Equitable Distribution Fullwood v. Barnes  (16-357) Tort claims against police officer; governmental immunity; …

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North Carolina Court of Appeals Opinions for October 4, 2016

By / October 4, 2016

The N.C. Court of Appeals released a batch of opinions today: Baldelli v. Baldelli  (16-142) Equitable distribution; jurisdiction; prior action In re: Lyle Dippell  (16-54) Right to appeal from Clerk of Court’s order that a person is not incompetent In re: K.P. & C.P.  (16-295) Requirements for adjudication of juveniles as neglected and dependant State …

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Fourth Circuit talks legislative prayer – Lund v. Rowan County

By / October 3, 2016

Lund v. Rowan County. Rowan County, North Carolina opens its board of commissioners meetings with a prayer. It is a routine practice, and the invocations rotate between board members. The bulk of the prayers invoke Christianity in some form. In 2012, the ACLU sent a letter to Rowan County objecting to the invocations, asserting a …

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North Carolina Supreme Court opinions for September 23, 2016

By / September 23, 2016

The N.C. Supreme Court posted a set of opinions today: CommScope Credit Union v. Butler & Burke, LLP, (5PA15) (View COA Opinion) Whether defendant owed a fiduciary duty to plaintiff when defendant audited plaintiff’s financial statements; whether plaintiff is barred from recovery by the doctrines of contributory negligence and in pari delicto. State v. Nkiam, (385PA15) …

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North Carolina Court of Appeals Opinions for September 20, 2016

By / September 20, 2016

The N.C. Court of Appeals released a batch of opinions today: Bentley v. Jonathan Piner Constr.  (16-62) Workers’ Compensation Act; N.C. Gen. Stat. Sec. 97-84; statutory interpretation Breedlove v. Warren  (15-1381) Motion to Dismiss; Lack of Standing; Injury not traceable to defendant Henkel v. Triangle Homes, Inc.  (15-1123) federal tax liens, lien priority, and local …

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