Political commentary not directed at candidate cannot support no-contact order
The North Carolina Court of Appeals reversed a civil no-contact order entered against the defendant after concluding that online criticism of a local political candidate did not amount to […]
Premarital home remains separate despite marital contributions
The North Carolina Court of Appeals reversed an equitable distribution order after concluding that the trial court misclassified a premarital residence and inadequately valued a marital business. The […]
Premature settlement may bar underinsured motorist coverage
An insured’s premature settlement with a tortfeasor prevented summary judgment in his favor on an underinsured motorist coverage claim. The plaintiff was seriously injured in a motor vehicle accident […]
Domestic Relations – Neglect – Adjudication Order
Competent evidence, including the mother’s ongoing mental health issues, substance use, and exposure of the children to domestic violence and erratic behavior, supported the conclusion that the children faced a […]
Domestic Relations – Willful Abandonment – Domestic Violence Protective Order
Clear, unchallenged findings showed the father willfully abandoned his child by making no effort to maintain contact or support during the relevant six-month period despite having the ability to do […]
Contract – Specific Performance – Beneficial Economic Interest
The trial court acted within its discretion given the inadequacy of monetary damages and the contractual evidence of shared economic interests. We affirmed an order of specific performance enforcing a […]
Constitutional – Open Courts Clause – Disparate Impact
We rejected constitutional challenges seeking removal of a Confederate monument located outside the county courthouse. We affirmed summary judgment for the county. Plaintiffs, civil rights organizations and local residents, argued […]
Civil Practice – Patient Safety Act – Medical Malpractice Discovery
We clarified limits of overlapping federal and state privileges in medical malpractice discovery, holding that generalized assertions of privilege are insufficient and that parties must specifically demonstrate that materials fall […]
Workers’ Compensation – Injury by Accident – Occupational Disease
The North Carolina Industrial Commission failed to address the plaintiff’s injury-by-accident claim and multiple evidentiary issues, precluding meaningful appellate review. We vacated and remanded the Industrial Commission’s denial of dea[...]
Domestic Relations – Termination of Mother’s Parental Rights – Second-Degree Murder of Father
The trial court properly applied the statutory best-interest framework and did not misapprehend the law in determining that termination was necessary to achieve permanency for the child. We affirmed an […]
Domestic Relations – Termination of Parental Rights Petition – Appellate Review in Juvenile Cases
The appeal was procedurally improper because termination of parental rights (TPR) petitions had been filed within the statutory period, thereby foreclosing immediate appellate review. We dismissed a mother’s appeal from […]
Domestic Relations – Termination of Parental Rights – Alternative Child Care Arrangement
The trial court‘s findings were insufficient to support termination under several statutory grounds and failed to adequately address required elements of dependency. We vacated the termination order and remanded, instructing […]
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