N.C. Court of Appeals Opinions for August 2, 2016

By / August 2, 2016

The North Carolina Court of Appeals released a batch of opinions today: Acts Ret.-Life Cmtys., Inc. v. Town of Columbus  (15-1333). Continuing wrong doctrine Adams v. State of NC  (15-1275). Pay schedule for North Carolina magistrates, N.C. Gen. Stat. § 7A-171.1; contractual relationship between State employees and the State; employee benefits and vested benefits; constitutional claims Brooksby …

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Fourth Circuit strikes down NC Voter ID law!

By / July 30, 2016

NCNAACP v. McCrory. This is not something I need to really bring to anyone’s attention, so here is some other coverage: Washington Post News & Observer New York Times Slate For background on this, you can’t beat OSU’s election law info center (with my con law prof).  

First Amendment protects nonpartisan government employees who campaign against their eventual boss – Fourth Circuit

By / July 20, 2016

Lawson v. Union Cty. Clerk of Court. The Fourth Circuit has confirmed that government employees with apolitical positions can campaign without fear of retaliation. The Clerk of Court of Union County, South Carolina, is an elected official. The Clerk, William Gault fired his deputy clerk, Melanie Lawson. Lawson had been a deputy clerk for about 20 …

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N.C. Court of Appeals Opinions for July 19, 2016

By / July 19, 2016

The North Carolina Court of Appeals released a batch of opinions today: Dellinger v. Lincoln Cty.  (15-1370). Private property; zoning ordinance; prima facie showing of entitlement to permit; shifting-burden; due process. [Solar Energy] Diorio Forest Prods., Inc. v. Barth  (15-1210) Standing; statute of limitations; fraud; UDTP; civil conspiracy In re: Alex Shackelford  (15-1266) Involuntary Commitment; Deprivation …

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Fourth Circuit affirms local rule restricting out of state attorneys in Maryland

By / July 13, 2016

National Association for the Advancement of Multijurisdiction Practice (NAAMJP) v. Loretta Lynch This is a case about bar membership. Specifically, the NAAMJP challenged Local Rule 701 of the U.S. District Court for the District of Maryland under the First Amendment, the Equal Protection Clause, the Rules Enabling Act and the Supremacy Clause. Rule 701 allows …

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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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