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 …
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; …
North Carolina Court of Appeals Opinions for October 18, 2016 Read More »
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 …
North Carolina Court of Appeals Opinions for October 4, 2016 Read More »
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 …
Fourth Circuit talks legislative prayer – Lund v. Rowan County Read More »
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) …
North Carolina Supreme Court opinions for September 23, 2016 Read More »
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 …
North Carolina Court of Appeals Opinions for September 20, 2016 Read More »
Animaw Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church. Holy Trinity amended its constitution and bylaws. Soon after that, several church members sued for a declaratory judgment that several violations of the bylaws had occurred, including improperly conducting an election extending the terms of some council members, the adoption of the amendment, the transfer of …
Court lacks jurisdiction to consider church constitution – N.C. Court of Appeals Read More »
The North Carolina Court of Appeals released a batch of opinions today: Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church (15-760) 1st Amendment – ecclesiastical matters; subject matter jurisdiction. MORE TO COME. Draughon v. Cobblestone HOA Of Clayton, Inc. (15-1280) Implied in fact contract; benefits; estoppel; unjust enrichment Emerald Portfolio, LLC v. Outer Banks/Kinnakeet Assocs., LLC …
N.C. Court of Appeals Opinions for September 6, 2016 Read More »
The North Carolina Supreme Court released a few opinions yesterday: Duke Energy Carolinas, LLC v. Gray, (108PA14-2) (View COA Opinion). Whether the six-year statute of limitations on lawsuits alleging injury to incorporeal hereditaments barred plaintiff’s action to enforce its easement rights against an alleged encroachment by defendant. [Yes] E. Carolina Reg’l Hous. Auth. v. Lofton, (32PA15) …
The North Carolina Court of Appeals released a batch of opinions today: Burger v. Burger (16-113). Alimony; equitable distribution Cape Hatteras Electric Membership Corp. v. Stevenson (15-1102). Electric Cooperative; Interpretation of Bylaws; Intentional Interference with Contract Zetino-Cruz v. Benitez-Zetino (15-1154). change of venue Dabbondanza v. Hansley (16-117). Lien and Judgment Priority, Rule 70, Nunc Pro Tunc Orders, Chain of …
N.C. Court of Appeals Opinions for August 16, 2016 Read More »