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 …
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 …
North Carolina Court of Appeals Opinions for December 6, 2016 Read More »
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) …
North Carolina Court of Appeals Opinions for November 15, 2016 Read More »
The Fourth Circuit will rehear Lund v. Rowan County en banc (the entire slate of judges, not just a three judge panel, will decide the case). This is a case focused on the prayers of a County Commission at its meetings. You can read more about the case here.
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, …
North Carolina Court of Appeals Opinions for November 1, 2016 Read More »
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 »