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 Supreme Court released a batch of opinions today: Morris v. Scenera Research LLC, (429PA13) (View COA Opinion). Action under N.C. Wage & Hour Act for payment of patent bonuses to former employee; whether employee was entitled to elect to rescind certain patent assignments in lieu of damages awarded by a jury and the …
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 …
The North Carolina Supreme Court released a “batch” of opinions today. Unusually, there was only one: Faires v. State Bd. of Elections, (84A16). Appeal from three-judge panel decision declaring facially unconstitutional a law permitting the voters to decide on retention of an incumbent Justice of the N.C. Supreme Court. Also unusual, with Justice Edmunds sitting out, …
N.C. Supreme Court Opinion on Judicial Retention Elections 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 Supreme Court published a batch of opinions today: State v. Snead, (90PA15) (View COA Opinion). Conviction of defendant for felony larceny based solely on lay testimony describing contents of store surveillance video; whether the Court of Appeals erred in finding inadmissible (1) the video based on lack of a proper foundation, and (2) …
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 »