North Carolina Court of Appeals

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 …

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

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. …

A discussion on database authentication – NC Court of Appeals Read More »

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 …

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

$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 …

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

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 …

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

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 …

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

No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals

By / September 15, 2015

State v Perry. In a decision reminiscent of the Fourth Circuit’s recent holding in US v. Graham (that access to extended cell site data requires a warrant), the North Carolina Court of Appeals has come to some… interesting conclusions. First, the Court of Appeals rejected an argument that cell site information sent to an officer by …

No Warrant Required for Two Days of Cell Site Data – NC Court of Appeals Read More »

N.C. Court of Appeals Opinions for September, 2015

By / September 15, 2015

The North Carolina Court of Appeals has released this month’s opinions: A & D Envtl. Servs., Inc. v Miller, (14-1397). Interlocutory appeal, substantial right, venue, NCGS § 1-294 Brittian v Brittian,  (15-139). Wills, declaratory judgment action, caveat Credit Union Auto Buying Serv., Inc. v Burkshire Props. Grp. Corp., (15-187). Personal jurisdiction; quasi in rem Ehrenhaus v Baker, (14-1201). Attorneys’ …

N.C. Court of Appeals Opinions for September, 2015 Read More »