In re: Hughes (15-699-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute In re: Redmond (15-763-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute In re: Smith (15-829-2) (View Supreme Court Opinion) Eugenics; Heirs; Equal Protection Clause; Constitutionality of a Statute Bunch v. Britton (16-181) rule 12(b)(6) Farmer …
The North Carolina Court of Appeals released a batch of opinions yesterday: State v. Martinez (16-374-2) propriety of expert testimony regarding credibility of child witness, prospective juror remarks, ambiguity in jury instructions, Defendant’s presentation of impeachment evidence Henderson v. The Charlotte-Mecklenburg Bd. of Educ. (16-977) Statutory Immunity; Interlocutory Appeal; Motion to Dismiss [Sort of a …
The North Carolina Court of Appeals released a batch of opinions today: Anders v. Universal Leaf N. Am. (16-910) Workers’ Compensation, Hernia Injuries, Partial Disability, Parsons Presumption, Limitation Period on Claims for Additional Medical Compensation, Seagraves Test, Claimant’s Failure to Prove Disability Cole v. N.C. Dep’t of Pub. Safety (16-340) Career state employee; just cause; …
The North Carolina Court of Appeals released a batch of opinions today: State v. Mylett (16-816) Spitting; Assault on a government officer; Requisite intent In re: J.K. (16-823) NCGS 7B-911 Boone Ford, Inc. v. IME Scheduler, Inc. (16-750) Consolidation Chastain v. Arndt (16-1151) Rule 12 motions to dismiss; sovereign immunity; purchase of insurance; Tort Claims …
N.C. Court of Appeals Opinions for April 18, 2017 Read More »
The North Carolina Court of Appeals released a batch of opinions today: State v. Rice (16-906) stolen firearms; constructive possession [It’s not Lock Stock and Two Smoking Barrels, that’s for sure.] Brackett v. Thomas (16-912) DWI; willful refusal of chemical test; administrative review; NCGS 20-16.2 Conleys Creek Ltd. P’ship v. Smoky Mountain Country Club Prop. …
N.C. Court of Appeals Opinions for April 4, 2017 Read More »
Times News Publishing v. The Alamance-Burlington Board of Education. Times News, a newspaper publisher, originally sought to compel the Board of Education to provide unredacted minutes of a series of closed-session meetings. The meetings at issue involved the resignation of the superintendent and an agreement to pay more than $220,000 in severance and vacation pay. After a …
The North Carolina Court of Appeals released a batch of opinions today: Bell v. Goodyear Tire & Rubber Co. (15-1299) Workers’ Compensation; Compensable Injury; Causal Relationship; Compensation Benefits; Trial Return to Work; Sanctions Harris & Hilton, P.A. v. Rassette (16-809) Rule 3.7 of NC Rules of Professional Conduct; necessary witness; witness-advocate rule [Trial court did …
N.C. Court of Appeals Opinions for March 21, 2017 Read More »
The N.C. Court Appeals released a batch of opinions today: Harris v. N.C. Dep’t of Pub. Safety (16-341) Standard of review of decision of ALJ; just cause; unacceptable personal conduct; use of force; NCGS 150B-51; NCGS 126-34.02 Key Risk Ins. Co. v. Peck (16-872) Third party workers’ compensation claim – NCGS 97-10.2; Motion to substitute …
North Carolina Court of Appeals Opinions for March 7, 2017 Read More »
The N.C. Court Appeals released a batch of opinions today: Gurganus v. Gurganus (16-163) summary judgment; equitable distribution; NCGS § 50-20.1; subject matter jurisdiction Hauser v. Hauser (16-606) Tortious interference with an expected inheritance; constructive fraud; breach of fiduciary duty; demand for an accounting Li v. Zhou (16-755) Contempt Order; Attorney’s Fees; Proper Purpose of …
North Carolina Court of Appeals Opinions for February 21, 2017 Read More »
T & A Amusements, LLC V. McCrory. Lawsuits for injunctive relief as to legality of an activity are not barred by sovereign immunity where there is a threat of enforcement. Basically, a few sweepstakes promoters sued to figure out if their scheme was a legal way around contest and promotion regulations in the state. The state argued …