The North Carolina Court of Appeals released a batch of opinions today: State v. Singletary (15-1125). Facial and as applied Constitutional challenge of NCGS 14-27.4A(c). Egregious aggravation. Sixth Amendment. Blakely v. Washington. Expert witness compensation. Jury instruction on interested witness. Campbell v. Garda USA, Inc. (15-756). Workers’ Compensation; Attorneys’ Fees; Unfounded Litigiousness In re: S.Z.H. (15-1270). notice of …
The North Carolina Court of Appeals released a batch of opinions today: State v Taylor (14-21-2) (View Supreme Court Opinion). 5th Amendment right to counsel, invocation and waiver, premeditation and deliberation Barnette v. Lowe’s Home Ctrs., Inc. (15-938) Injury by accident Berens v Berens (15-230) Attorney-Client Privilege; Agent; Remand Dancy v. Dancy (15-1049) Visitation, Child Custody …
N.C. Court of Appeals Opinions for April 19, 2016 Read More »
The North Carolina Supreme Court published a batch of opinions today: State v. Snead, (90PA15) (View COA Opinion). Conviction of defendant for felony larceny based solely on lay testimony describing contents of store surveillance video; whether the Court of Appeals erred in finding inadmissible (1) the video based on lack of a proper foundation, and (2) …
The North Carolina Court of Appeals released a batch of opinions today: Piazza, v Kirkbride, (15-48). North Carolina Securities Act; N.C.G.S.78A-56(a)(2); Director Safe Harbor; Reasonable Care Defense Barron v Eastpointe Hum. Servs., LME (15-380). Employee dismissal; Assignments of error; Due Process; Investigator bias; Notice of the reasons for dismissal under N.C.G.S. 126-35(a) Catawba Cnty. v. Loggins …
N.C. Court of Appeals Opinions for April 5, 2016 Read More »
The North Carolina Supreme Court released a batch of opinions Friday: Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC, (316A14) (View COA Opinion). Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser’s claims for breach of a non-compete agreement and for tortious interference with …
The North Carolina Court of Appeals released a batch of opinions today: Bennett v. Hospice & Palliative Care Ctr. Of Alamance-Caswell (15-667). Medical malpractice; N.C. R. Civ. P. 9(j); loss of sepulcher, breach of contract are not “medical malpractice” claims Blackburn v. NC Dep’t Of Pub. Safety (15-556). Career state employee; Just cause for termination; Sufficiency of …
N.C. Court of Appeals Opinions for March 15, 2016 Read More »
The opinion has not yet posted, but I will write more on it soon. For now, this is from WRAL: The 4th U.S. Circuit Court of Appeals ruled Thursday that “Choose Life” license plates state lawmakers approved in 2011 are constitutional, reversing a decision the same court made two years ago. After the court found in …
Fourth Circuit OKs “Choose Life” license plates [UPDATED] Read More »
Stop Reckless Economic Instability Caused by Democrats v. FEC. Four PACs appealed a district court’s grant of summary judgment against them in their suit against the FEC. The PACs challenged the constitutionality of contribution limits under the Federal Election Campaign Act of 1971 (FECA). 52 U.S.C. §§ 30101–30146. The Fourth Circuit concluded that two of their three claims …
The North Carolina Court of Appeals released a batch of opinions today: B S K Enters., Inc., v Beroth Oil Co. (15-189). Groundwater contamination, trespass, nuisance, cost of remediation, diminution in value, OPHSCA Baldwin v. RHA Health Servs., Inc. (15-952). Long term care facilities, health care provider, NCGS 90-21.11(1), medical malpractice, Rule 9(j) certification, Rule 12 (b)(6) …
N.C. Court of Appeals Opinions for March 1, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Adams v. The City of Raleigh (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner, (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon (15-743). Award of court cost. Attorney’s fees. …
North Carolina Court of Appeals Opinions for February 16, 2016 Read More »