The North Carolina Supreme Court released a batch of opinions Friday: Beverage Sys. of the Carolinas, LLC v. Associated Beverage Repair, LLC, (316A14) (View COA Opinion). Following sale of a former family business, whether summary judgment should have been granted for sellers on purchaser’s claims for breach of a non-compete agreement and for tortious interference with …
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 »
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 Supreme Court released a batch of opinions today: Irving v. Charlotte-Mecklenburg Bd. of Educ., (557PA13) Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. § 143-300.1. State v. Williams, (333PA14) Whether an indictment charging a registered …
N.C. Supreme Court Opinions for January 29, 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 »
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 »
The North Carolina Supreme Court has issued a batch of opinions: Dickson v. Rucho, (201PA12-3). On remand; application of U.S. Supreme Court’s opinion in Alabama Legislative Black Caucus v. Alabama, ___ U.S. ___, 135 S. Ct. 1257 (2015), to this Court’s prior decision affirming the 2011 N.C. Congressional, Senate, and House redistricting plans. Additional coverage: N&O; WFAE; Citizen-Times. …
N.C. Supreme Court Opinions for December 18, 2015 Read More »
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 »