The North Carolina Court of Appeals has released a batch of opinions: Alston v Hueske (15-207) Rule 9(j); Medical Malpractice. Cushman v Cushman (15-233) Equitable distribution-Pretrial summary judgment motion E. Brooks Wilkins Fam. Med., P.A. v WakeMed, (15-217) Rule 3(c) of the North Carolina Rules of Appellate Procedure; Actual notice; Appeal from order dismissing an appeal; …
N.C. Court of Appeals Opinions for January 5, 2016 Read More »
State v. Hurtado. Unpublished. The Court of Appeals isn’t backing down from the position that warrantless searches of historical cell phone location data are not “searches” as protected by the Fourth Amendment. In this case, police arrested the Defendant after learning from a source about a large amount of heroin in his car. The source also …
The North Carolina Court of Appeals released a batch of opinions today: State v Biddix (15-161). NCGS 15A-1444(e); Appellate Rule 21; Appellate Rule 2; writ of certiorari Bailey v Ford Motor Co., (15-9). Arbitration. Some interesting state discussion of the FAA here, too. Bank of Am., N.A. v Rice, (15-251). Law of the Case Doctrine; Novations; Assignment; Motion …
N.C. Court of Appeals Opinions for December 15, 2015 Read More »
The North Carolina Court of Appeals released a batch of opinions yesterday: Chandler v Atl. Scrap & Processing, (14-1351). Workers’ Compensation; reasonableness of plaintiff’s delay in requesting compensation for attendant care services; motion for attorneys’ fees under NCGS 97-88 Easter-Rozzelle v. City of Charlotte (15-594). NCGS 97-10.2. Third party claim. Settlement of personal injury claim without written …
N.C. Court of Appeals Opinions for December 1, 2015 Read More »
State v. Fryou. This is a case about a sex offender charged with being on the premises of a preschool in violation of N.C.G.S. § 14- 208.18(a). Really, though, this is a case about making sure to raise the right arguments in an appellate brief. Defendant went to a church to meet with the pastor, but …
The North Carolina Court of Appeals released a batch of opinions today: Bilodeau v. Hickory Bluffs Cmty. Servs. Ass’n, Inc. (15-501). Liens and fines. PCA. NCGS 47F. Authority to lien. Common areas. Required Notice. Rescission of a prior board decision. Chen v Zou (15-228). service of process by publication, divorce judgment, Rule 60(b)(4) – void judgments Comstock …
N.C. Court of Appeals Opinions for November 17, 2015 Read More »
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 »
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 »
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 »
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 »