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: Adams v. The City of Raleigh (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner, (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon (15-743). Award of court cost. Attorney’s fees. …
North Carolina Court of Appeals Opinions for February 16, 2016 Read More »
The North Carolina Court of Appeals released a batch of opinions today: NC Dep’t Of Pub. Safety v Owens (15-367). Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious. Am. Mech., Inc. v Bostic (15-385). Appellate Jurisdiction; Rule 3: Business Court. “we take this opportunity to further explain our holding in Ehrenhaus …
N.C. Court of Appeals decisions for February 2, 2016 Read More »
The North Carolina Court of Appeals has released a batch of opinions: Carpenter v Carpenter (14-1066). Alimony; Attorneys’ Fees; Uniform Transfers to Minors Act; Equitable Distribution; Subject Matter Jurisdiction Eason v. Taylor (15-779). equitable distribution Greenshields, Inc. v. Travelers Prop. Cas. Co. of Am. (15-539). Failure to prosecute In re: A.B. & J.B. (15-910). termination of parental rights In …
North Carolina Court of Appeals Opinions for January 19, 2016 Read More »
State v. Springle. Defendant was indicted for indecent exposure in 2013 and pled guilty in 2014. During his sentencing, the judge noted that he was a recidivist and therefore subject to satellite-based monitoring. On the administrative form for recording the order, however, he didn’t check all the right boxes. A footnote explains: Judge Alford checked …
Lifetime GPS monitoring requires showing, finding of recidivism – N.C. Court of Appeals Read More »