US v. Graham. In an en banc opinion, the Fourth Circuit overturned the panel’s decision in this case: A majority of the panel held that, although the Government acted in good faith in doing so, it had violated Defendants’ Fourth Amendment rights when it obtained the CSLI without a warrant. . . . We now hold that the …
Fourth Circuit reverses itself: no warrant needed for historical cell site data Read More »
The North Carolina Court of Appeals has released a batch of opinions: State v Miller (14-1310-2) (View Supreme Court Opinion). NCGS 20-38.7(a); NCGS 15A-1432; Record on Appeal; Jurisdiction; State’s appeal of Suppression to Superior Court. Blondell v. Ahmed (15-796). real estate commission, duty of good faith and fair dealing, parol evidence rule Blue v. Mountaire Farms, Inc. …
The North Carolina Court of Appeals released a batch of opinions today: Bigelow v. Sassafras Grove Baptist Church (15-557). 12(b)(6) Motion to Dismiss; First Amendment Free Exercise and Establishment Clauses. [“ministerial exception” and the “ecclesiastical abstention doctrine,” do not preclude courts from resolving contractual disputes not involving ecclesiastical issues and requiring only application of neutral principles of contract and statutory …
Epic Games v. Johnson. A guy named Johnson built a software platform for game developers while in college. In 2005, Epic Games negotiated with Johnson to purchase “Reality Engine” and recruited him to North Carolina from London. There were seven contracts that sold Johnson’s company and Reality Engine to Epic. In exchange, Epic gave Johnson …
An epic arbitration provision must be enforced – NC Court of Appeals Read More »
The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …
N.C. Supreme Court Opinion on Judicial Retention Elections Read More »
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 …