N.C. Supreme Court Opinions for December 18, 2015

By / December 18, 2015

The North Carolina Supreme Court has issued a batch of opinions: Dickson v. Rucho, (201PA12-3). On remand; application of U.S. Supreme Court’s opinion in Alabama Legislative Black Caucus v. Alabama, ___ U.S. ___, 135 S. Ct. 1257 (2015), to this Court’s prior decision affirming the 2011 N.C. Congressional, Senate, and House redistricting plans. Additional coverage: N&O; WFAE; Citizen-Times. …

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N.C. Court of Appeals doubles down on warrantless searches of historical cell location data

By / December 17, 2015

State v. Hurtado. Unpublished. The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment. In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also …

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N.C. Court of Appeals Opinions for December 15, 2015

By / December 15, 2015

The North Carolina Court of Appeals released a batch of opinions today: State v Biddix  (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co.,  (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice,   (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …

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DirecTV v. Imburgia – Opinion Released – SCOTUS

By / December 15, 2015

Opinion: DIRECTV v. Imburgia (pdf). Rather than rehash the opinion, here are links to some coverage: U.S. top court rules for DirecTV in arbitration case – Reuters. SCOTUS upholds contract ban on mass arbitration in second ADR case involving California law – ABA Journal. Opinion analysis: Justices rebuke California courts (again) for refusal to enforce arbitration agreement – …

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Search results, directory listings are not ‘representations’ under the Lanham Act – Fourth Circuit

By / December 7, 2015

Baldino’s Lock & Key Service, Inc. v. Google, Inc.. Unpublished. A locksmithing company sued Google and others for publishing the names, addresses and phone numbers of unlicensed locksmiths on their websites in order to gain advertising revenue. The locksmith argued, among other things, that this practice violated the Lanham Act, which creates a private right of action for corporate …

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A victory for LexisNexis under the FCRA – Fourth Circuit

By / December 5, 2015

Berry v. LexisNexis Risk and Information. The Fourth Circuit has handed down an appellate win for Lexis and other major data collectors involved in class litigation and seeking to minimize their financial liability. Class action plaintiffs alleged that Lexis failed to follow the protections under the Fair Credit Reporting Act, which requires certain protections for …

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N.C. Court of Appeals Opinions for December 1, 2015

By / December 2, 2015

The North Carolina Court of Appeals released a batch of opinions yesterday: Chandler v Atl. Scrap & Processing,  (14-1351). Workers’ Compensation; reasonableness of plaintiff’s delay in requesting compensation for attendant care services; motion for attorneys’ fees under NCGS 97-88 Easter-Rozzelle v. City of Charlotte  (15-594). NCGS 97-10.2. Third party claim. Settlement of personal injury claim without written …

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Civil Computer Fraud and Abuse Act, ECPA award, attorneys fees, affirmed – Fourth Circuit

By / November 23, 2015

Tech Systems, Inc. v. Pyles. Unpublished opinion. Pyles argued that the district court erred in, among other things, denying her motion as to violations of the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 (2012) and the Electronic Communications Privacy Act (“ECPA”), 18 U.S.C. § 2701 (2012). The Fourth Circuit disageed. The CFAA …

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Remember to actually raise the First Amendment argument on appeal – N.C. Court of Appeals

By / November 19, 2015

State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …

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N.C. Court of Appeals Opinions for November 17, 2015

By / November 17, 2015

The North Carolina Court of Appeals released a batch of opinions today: Bilodeau v. Hickory Bluffs Cmty. Servs. Ass’n, Inc. (15-501). Liens and fines. PCA. NCGS 47F. Authority to lien. Common areas. Required Notice. Rescission of a prior board decision. Chen v Zou (15-228). service of process by publication, divorce judgment, Rule 60(b)(4) – void judgments Comstock …

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