N.C. Court of Appeals Opinions for November 3, 2015

By / November 4, 2015

The North Carolina Court of Appeals released a batch of opinions today: Clarke, ex rel v Mikhail (15-235). Medical malpractice; wrongful death; intervening and superseding negligence; burden of proof; bifurcation; 404(b) evidence; causation; jury instruction Collins v. Collins  (15-481). Accustomed standard of living; Findings of fact; NCGS 50A-16.3A; Savings as part of alimony; Attorney fees; Late entry of …

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A discussion on database authentication – NC Court of Appeals

By / October 22, 2015

State v. Hicks. Eric Hicks was convicted of manufacturing meth. He appealed the conviction. His arrest came after a tip top a school resource officer about a meth lab, and a safety check on his children by officers during which they saw plastic bottles used in meth production in plain view with his trash cans. …

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N.C. Court of Appeals Opinions for October 20, 2015

By / October 20, 2015

The North Carolina Court of Appeals has released a new batch of opinions: State v Campbell  (13-1404-2). fatal variance, special property interest, ineffective assistance of counsel, NC Rules of Evidence 403 & 404(b) CB Windswept, LLC v Cape Fear Pub. Util. Auth.  (15-374). Water and sewer impact fees- ultra vires Miller v Miller  (15-309). credit for over payment of …

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$100 sufficient to support non-compete – N.C. Court of Appeals

By / October 8, 2015

Employment Staffing Group v. Little. Most tech practitioners can recite the doctrine that a non-compete is not enforceable without consideration. Usually, the offer of employment is the consideration. Sometimes, an employer wants to add a non-competition covenant after the employment has already begun. Lawyers vary on what they tell their client is the minimum possible consideration. Some …

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Law requiring transfer of municipal water system not unconstitutional – NC Court of Appeals

By / October 8, 2015

Asheville v. State. This case is outside the normal scope of this blog, but it’s a big case. In 2013, the state adopted a law requiring the transfer of Asheville’s municipal water system to the Metropolitan Sewerage District. The City challenged the law, arguing that the law was unconstitutional because (1) the Transfer Provision is a “local …

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N.C. Court of Appeals Opinions for October 6, 2015

By / October 6, 2015

The North Carolina Court of Appeals has released this month’s opinions: Atl. Coast Props., Inc. v Saunders,   (14-1278). Cotenants; Adverse Possession; Constructive Ouster; Summary Judgment Standard. Burger v Smith  (15-180). Child Custody and visitation- adequate findings. City of Asheville v State of N. Carolina,   (14-1255). General Assembly’s authority to regulate powers of political subdivisions; Constitutional limitations …

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Fourth Circuit affirms wiretap evidence (unpublished)

By / October 6, 2015

US v. Amir Faraz. Amir Ali Faraz was convicted of conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and 100 kilograms or more of marijuana, two counts of possession with intent to distribute heroin, four counts of use of a communication facility to facilitate narcotics trafficking, and interstate travel with intent to promote drug trafficking. He …

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Cases to Watch: October Term

By / October 1, 2015

Spokeo v. Robins, No. 13-1339 [Argument: November 2, 2015] Issue: Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute. The issue …

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North Carolina Supreme Court Opinions for September 25, 2015

By / September 25, 2015

The North Carolina Supreme Court has issued this month’s opinions: State v. Taylor, (1A15). Whether the trial court committed plain error by admitting testimony from a detective that vouched for the credibility of the alleged victim. State v. Pendergraft, (49A15). Whether an indictment charging defendant with obtaining property by false pretenses was fatally defective because it …

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