N.C. Court of Appeals Decisions for July 5, 2016

By / July 5, 2016

The North Carolina Court of Appeals released a batch of opinions today: Allen Indus., Inc. v. Kluttz  (15-521) preliminary injunction bond. [Non-compete.] Caron Assocs., Inc. v. Southside Mfg. Corp.  (15-1376) Assignment; Factoring; Accounts Receivable; Condition Precedent. Eisenberg v Hammond  (15-287) Arbitration [In family law context] Grasinger v. Williams  (15-518) Appellate jurisdiction; Mandatory Complex Business Case; …

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N.C. Court of Appeals Opinions for June 21, 2016

By / June 21, 2016

The North Carolina Court of Appeals released a batch of opinions today: Anderson, v N. C. State Bd. Of Elections  (14-1369). Mootness; Capable of Repetition, yet evading review to mootness; Public interest exception to mootness; Election Law; Petition for Judicial Review [Watauga County early voting case] In re: Skinner  (15-384). Clerk’s rulings on issues of law reviewed …

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N.C. cyberbullying statute is unconstitutional – N.C. Supreme Court

By / June 14, 2016

State v. Bishop. According to a North Carolina Supreme Court opinion handed down last week, the state’s anti-cyberbullying statute is unconstitutional under the First Amendment. N.C.G.S. § 14-458.1 makes it “unlawful for any person to use a computer or computer network to . . . [p]ost or encourage others to post on the Internet private, personal, or sexual information …

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N.C. Court of Appeals Opinions for June 7, 2016

By / June 7, 2016

The North Carolina Court of Appeals released a batch of opinions today: Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc.  (15-680). Tripartite Attorney-Client Privilege; Common Interest Doctrine (Good read for lawyers, probably boring for everyone else) Gerity v. NC Dept. of Health & Hum. Servs.  (15-843). Whistleblower Act Glenn v. Johnson  (15-523). summary judgment; negligent …

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Fourth Circuit reverses itself: no warrant needed for historical cell site data

By / June 1, 2016

US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …

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N.C. Court of Appeals Opinions for May 17, 2016

By / May 18, 2016

The North Carolina Court of Appeals has released a batch of opinions: State v Miller  (14-1310-2) (View Supreme Court Opinion). NCGS 20-38.7(a); NCGS 15A-1432; Record on Appeal; Jurisdiction; State’s appeal of Suppression to Superior Court. Blondell v. Ahmed  (15-796). real estate commission, duty of good faith and fair dealing, parol evidence rule Blue v. Mountaire Farms, Inc.  …

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N.C. Court of Appeals Opinions for May 10, 2016

By / May 10, 2016

The North Carolina Court of Appeals released a batch of opinions today: Bigelow v. Sassafras Grove Baptist Church  (15-557). 12(b)(6) Motion to Dismiss; First Amendment Free Exercise and Establishment Clauses. [“ministerial exception” and the “ecclesiastical abstention doctrine,” do not preclude courts from resolving contractual disputes not involving ecclesiastical issues and requiring only application of neutral principles of contract and statutory …

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An epic arbitration provision must be enforced – NC Court of Appeals

By / May 10, 2016

Epic Games v. Johnson. A guy named Johnson built a software platform for game developers while in college. In 2005, Epic Games negotiated with Johnson to purchase “Reality Engine” and recruited him to North Carolina from London. There were seven contracts that sold Johnson’s company and Reality Engine to Epic. In exchange, Epic gave Johnson …

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N.C. Supreme Court Opinion on Judicial Retention Elections

By / May 6, 2016

The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …

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