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 »
This case has received significant press, so I won’t cover it here in the same format I usually do. Instead, I will excerpt some of the other coverage, the case and then add my own thoughts. From Politico: A divided federal appeals court has rejected a bid by accused video pirate Kim Dotcom to recover …
Kim Dotcom loses at the Fourth Circuit – U.S. v. Finn Batato Read More »
Hubbard v. N.C. State Univ. Hubbard worked for NCSU beginning in 2004. Near the end of 2013, she began reporting her supervisor for alleged misconduct. In April 2014, she was given a letter terminating her employment effective July 24, 2014. She sued claiming (1) violation of the North Carolina Whistleblower Act, (2) wrongful termination in …
Brooksby v. N.C. Administrative Office of the Courts. Plaintiffs contacted clerks’ offices in ninety North Carolina counties seeking to copy and scan public foreclosure records using their own staff and equipment. They pulled foreclosure records, then scanned them using cell phones and portable cameras and scanners. In June 2013, the Randolph County Clerk’s Office denied …