Domestic Relations – Abused and Neglected – Unexplained Injuries
The trial court’s unchallenged findings were supported by clear and convincing evidence. We affirmed the trial court’s orders concluding that one infant child was abused and neglected and that her […]
Municipal – Public Records Act – City Employee Personnel Records
While employee names must be disclosed as public information, a trial court exceeded its authority by ordering the release of confidential personnel records rather than permitting only limited examination. We […]
Tort/Negligence – Duty of Care to Student – Agency Relationship
Defendant owed no legal duty to protect Plaintiff from an off-campus assault by fellow students and that no agency relationship or ratification theory supported liability. We affirmed the trial court’s […]
Complaint dismissed where allegations of surveillance and discrimination were conclusory
The North Carolina Court of Appeals affirmed dismissal of the complaint, holding that the plaintiff failed to allege sufficient facts to support claims for tortious interference, illegal surveillance, or a […]
Vaccination mandate upheld as neutral law under free exercise clause
The 4th U.S. Circuit Court of Appeals held that West Virginia’s compulsory vaccination law is a neutral and generally applicable public health measure that satisfies rational basis review and does […]
Unequitable distribution of marital property can’t include non-economic factors
The trial court erroneously considered improper non-economic factors in determining an unequitable distribution was equitable in a division of marital property, the North Carolina Court of Appeals has ruled, vacating […]
Storage operators liable for withholding customer’s property but fee and enhanced damages awards need clarification
The North Carolina Court of Appeals largely upheld a trial court judgment against the operators and managers of a storage facility for wrongfully withholding a customer’s property, affirming […]
Administrative – North Carolina’s Public Records Act – N.C. Gen. Stat. §116-43.17
North Carolina’s Public Records Act exempts research information “of a proprietary nature” under section 116-43.17, interpreting the phrase to modify only “information” and to include any research information in which […]
Constitutional – Gubernatorial Appointments – Separation of Powers
The North Carolina Supreme Court upheld 2024 legislation restructuring executive commissions and modifying the process for filling appellate judicial vacancies, concluding the laws did not violate the state constitution’s separation […]
Criminal Practice – Probable Cause – Police Checkpoints
The trial court did not err by denying Defendant’s motions to suppress for improper checkpoint and lack of probable cause. We affirmed the trial court’s order denying Defendant’s motion to […]
Criminal Practice – Concealed Firearm Statute – Probationary Period
The trial court erred in entering judgment on two firearm convictions and in imposing a 24-month probation term without requisite findings but did not err in referencing the items seized […]
Criminal Practice – Felony Stalking – Assault with a Firearm on a Law Enforcement Officer
The stalking indictment was sufficient and the requested jury instruction for the assault charge was unsupported by the evidence. The trial court did not err. Defendant appealed his convictions for […]
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