The North Carolina Court of Appeals released a batch of opinions today: Anderson, v N. C. State Bd. Of Elections (14-1369). Mootness; Capable of Repetition, yet evading review to mootness; Public interest exception to mootness; Election Law; Petition for Judicial Review [Watauga County early voting case] In re: Skinner (15-384). Clerk’s rulings on issues of law reviewed …
N.C. Court of Appeals Opinions for June 21, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: Friday Invs., LLC v. Bally Total Fitness Of The Mid-Atl., Inc. (15-680). Tripartite Attorney-Client Privilege; Common Interest Doctrine (Good read for lawyers, probably boring for everyone else) Gerity v. NC Dept. of Health & Hum. Servs. (15-843). Whistleblower Act Glenn v. Johnson (15-523). summary judgment; negligent …
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 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 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 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 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 »