Bergenstock v. LegalZoom.com, Inc. (Lawyers Weekly No. 15-15-0494, 16 pp.) (James Gale, C.J.) 2015 NCBC 49 Holding: Three of the named plaintiffs in this North Carolina class action fall within a subclass of a nationwide class action previously brought in ...Read More »
Constitutional — Eleventh Amendment Immunity – State Employee – Individual Capacity Suit – State Defense
Goodwin v. Cockrell (Lawyers Weekly No. 14-02-0949, 6 pp.) (James Fox, Sr. J.) 4:13-cv-00199; E.D.N.C. Holding: Even though the state has chosen to defend its employee, and even though any monetary judgment may be paid from the state’s treasury, this ...Read More »
Donnelly v. University of North Carolina (Lawyers Weekly No. 14-07-0841, 19 pp.) (Sanford Steelman Jr., J.) (Robert N. Hunter Jr., J., concurring in the result) Appealed from Iredell County Superior Court (W. David Lee, J.) N.C. App. Holding: Where petitioner ...Read More »
Constitutional – Ultra Vires – Substantive Due Process – Equal Protection – Summary Judgment – Statute of Limitations
Tommy Davis Construction, Inc. v. Cape Fear Public Utility Authority (Lawyers Weekly No. 14-02-0721, 12 pp.) (Malcom J. Howard, J.) 7:13-cv-00002; E.D.N.C. Holding: Defendant Cape Fear Public Utility Authority (CFPUA), a water and sewer company, illegally collected impact fees ...Read More »
Constitutional – Right to Bear Arms – G.S. § 14-415.1 – As-Applied Challenge – Insufficient Showing – Prior Felonies
Pace v. State The only information plaintiff put forward about his three California felony convictions was his bare assertion that they were non-violent; furthermore, plaintiff failed to allege or offer evidence to show that he has a history of responsible, lawful firearm possession during a time when possession of firearms was not prohibited or that he assiduously and proactively complied with the 2004 amendment to G.S. § 14-415.1, which made the possession of any firearm by a felon illegal.
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: Our Court of Appeals held, Assuming, without deciding, that the Second Amendment protects a convicted felon’s right to bear arms, we will apply the intermediate level of scrutiny to determine whether the N.C. Firearms Act violates plaintiff’s substantive due process rights.
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