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Constitutional – First Amendment – Municipal Ordinance
The City of Asheville’s ordinance is content-neutral and is narrowly tailored to a significant government interest, leaving Plaintiff with ample alternative channels of communication. We affirmed the district court’s denial […]
Constitutional – Fruits of Labor – Equal Protection
Because our Fruits of Labor test is a fact intensive inquiry, we agreed with the Court of Appeals that the trial court erred when it entered summary judgment. However, the […]
Constitutional – Probable Cause – Right to Bear Arms
The trial court did not err by denying Defendant’s (1) motion to suppress the evidence seized from his Honda for lack of probable cause and (2) motion to dismiss the […]
Constitutional – North Carolina Property Tax Commission – Present-Use Value Status
Appellant’s constitutional rights to due process were not violated by Pitt County. We affirmed the decision of the North Carolina Property Tax Commission. Trade Land Company, LLC appealed from the […]
Constitutional – Procedural Due Process – State’s Recoupment of Monthly Retirement Payments
Recouping North Carolina’s overpayment under North Carolina law did not violate Plaintiff’s constitutional rights. We affirmed the district court’s judgment. For over eight years, North Carolina paid Plaintiff Patsy Talley […[...]
Constitutional – Public Readiness and Emergency Preparedness Act – Law of the Land Clause
The PREP Act’s immunity only covers tort injuries. Because tort injuries are not constitutional violations, the PREP Act does not bar plaintiffs’ constitutional claims. The decision of the Court of […]
Constitutional – Sunday Hunting Laws – Rational Basis Review
The Sunday hunting laws are valid under the North Carolina Constitution. We affirmed the lower court’s decision. Plaintiff appealed from an order granting summary judgment in favor of defendants on […]
Constitutional – Separation of Powers Principles – SAFE Child Act
The SAFE Child Act, like any other act of the General Assembly, cannot overturn a final judgment entered by the judicial branch. We affirmed the decision of the Court of […]
Constitutional – SAFE Child Act – Time-Barred Claims
The text of the relevant constitutional provisions, the historical context in which the people of North Carolina adopted them, and our precedents all confirm that there is no constitutionally protected […]
Constitutional – State Constitutional Requirements – State v. Kelliher
The Court of Appeals properly analyzed defendant’s state constitutional objections to his consecutive sentences of life without parole. We affirmed the decision of the Court of Appeals. We considered whether […]
Constitutional – Guilty Plea – 18 USC §844(f)(1)
A criminal defendant who pleads guilty waives any argument that the statute of conviction does not cover that defendant’s conduct. And a defendant who wishes to preserve an argument that […]
Constitutional – True Threats – False Report Concerning Mass Violence
The trial court erred in denying the juvenile’s motion to dismiss the petitions alleging offenses of communicating a threat to commit mass violence on educational property and making a false […]
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Commentary
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- Conduct a technology audit to improve law firm efficiency
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- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
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- The December question every leader should anticipate
