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North Carolina Appellate Blog 
Highlights developments in the appellate courts that affect business interests in North Carolina.
Post Frequency: 5.9/day Last Entry: March 19, 2016 at 15:47:00 Recent Entries: 445
By Sean E. Andrussier
Go to North Carolina Appellate Blog, find other Appellate Law blogs, or browse all law blogs.
In The North Carolina State Board
Posted on January 20, 2010In The North Carolina State Board of Dental Examiners v. Woods, the Court of Appeals held that discovery orders requiring the disclosure of patient medical records are immediately appealable.Woods arose out of the Dental Board's investigation into two complaints filed against Dr...
COA Opinion Day
Posted on January 19, 2010The COA published 16 opinions today, half civil. More on some of these soon...
Wynn and Diaz Nominations Go Before Judiciary Committee
Posted on January 19, 2010The Senate Judiciary Committee is scheduled to address the nominations of Judges Jim Wynn and Al Diaz during its Thursday meeting. More here.
COA: Oral Contracts for Real Estate Brokerage Services Are Enforceable
Posted on January 19, 2010Today the NC COA held that an oral contract for real estate brokerage services can be valid and does not violate the statute of frauds. The case is Scheerer v. Fisher.Scheerer was a licensed real estate broker. Fisher asked Scheerer to investigate the cost of developing some property, and per Fisher's request Scheerer also negotiated the costs of the development with the owners of the property...
4th Circuit: LLCs Unincorporated Associations, Citizens of States Where They're Organized and Where They Have Principal Place of Business under CAFA
Posted on January 12, 2010Last Friday, the 4th Circuit held that, in determining subject matter jurisdiction under the Class Action Fairness Act (CAFA), an LLC is an unincorporated association, and its citizenship is determined by its place of organization and its principal place of business...
Short COA Opinion Day
Posted on January 05, 2010Today, the COA published only 4 civil cases. The common theme: interlocutory appeals. Three of the four opinions dismissed appeals as interlocutory. The fourth opinion affirmed summary judgment for the defendant in a professional negligence suit.
COA: Party's Failure to Object to Rigorous Trial Schedule Does Not Preclude The Granting Of A New Trial
Posted on December 22, 2009Today the COA held that Plaintiff's failure to object to the trial court's "harsh" and "unilaterally imposed" trial schedule did not preclude the court from awarding Plaintiff a new trial. The case is Boykin v. Wilson Medical Center.Plaintiff sought damages from Defendants based on their alleged negligence...
Today's COA Cases
Posted on December 22, 2009For those whose gifts are wrapped and ornaments hung, the NC COA has provided you with holiday entertainment -- 14 published cases, 11 civil. More on some of them soon.
Webcast of 4th Circuit Nominee Hearing
Posted on December 18, 2009For those looking for a nice, in-door activity on this cold afternoon, here you'll find a link to the webcast of the Senate Judiciary Committee's hearing for Judges Wynn and Diaz.
NC Supreme Court Opinions Today
Posted on December 11, 2009The NC Supreme Court published 9 opinions today. More on a couple of them to follow...
NC Supreme Court Affirms COA Opinion Finding That Forbearance of a Third Party Is Insufficient Consideration for Employment Contract
Posted on December 11, 2009Today the N.C. Supreme Court affirmed per curiam a decision by a COA majority holding that a forbearance by a third party was insufficient consideration for an employment contract. The case is Franco v. Liposcience, Inc. Read the COA opinion here.Richard Franco, Jr...
NC Supremes Divided On Punitives Judgment Not Withstanding Verdict
Posted on December 11, 2009In Scarborough v. Dillard's, Inc., the Supreme Court divided over the role of the court in ruling on motions notwithstanding the verdict as to punitive damages. Chief Justice Parker, writing for the majority, affirmed the trial court's entry of judgment notwithstanding the verdict in the defendant's favor as to punitive damages because punitive damages require clear and convincing evidence, which the majority held the plaintiff had not proffered...
NC 4th Circuit Nominee Hearings Next Week
Posted on December 09, 2009We in NC have reason to be excited -- our 2 nominees to the 4th Circuit, Judges James Wynn and Albert Diaz, will have a hearing before the Senate Judiciary Committee next week. More here.
The Fourth Circuit recently provided
Posted on December 08, 2009The Fourth Circuit recently provided guidance on what constitutes a legally sufficient complaint after the Supreme Court's Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) decisions.In Francis v. Giacomelli, the Fourth Circuit recognized that the Supreme Court's Twombly and Iqbal rulings have dramatically changed the law related to Rule 12(b)(6) motions...
In Hewett v. Weisser, the Court
Posted on December 08, 2009In Hewett v. Weisser, the Court of Appeals addressed when a plaintiff's pleading of accord and satisfaction can act as a bar to the plainitff's personal injury claims.After a 2004 motor vehicle accident, Gerald Hewett field a negligence action against Tonya Goode, the driver of the car Hewett was riding in at the time of the accident, and Robert and Bonnie Weisser, the driver and owner, respectively, of the vehicle Goode's car collided with...
NC COA Opinions Today
Posted on December 08, 2009Now back in its historic building, the COA published 24 opinions today, 11 criminal. More on these soon.
COA: County Has No Statutory Authority to Impose School Impact Fee on Land Developers
Posted on December 08, 2009Today the COA held that a county did not have statutory authority to impose school impact fees on land developers. The case is Union Land Owners Association v. County of Union.Union County enacted the Adequate Public Facilities Ordinance (APFO), which assessed the impact of residential development on schools and spelled out guidelines for determining whether the county would grant or deny building permits...
COA: Ad Valorum Taxes Properly Assessed Against NY Corporation Maintaining Property in NC Half the Year
Posted on December 08, 2009Today the COA held that a company that maintained property in North Carolina for half the year, had previously declared its principal place of business to be in Pender County, and that employed workers at the site could properly have taxes assessed on the property...
COA Reverses Property Tax Commission and County For Formulaic Taxation of Business Personal Property
Posted on December 08, 2009In In the Matter of IBM Credit Corp., the COA reversed the Property Tax Commission for signing off on Durham County's formulaic application of a schedule for valuing millions of dollars in computer equipment. Instead, the COA ruled, the County and Commission should have taken into account functional and market obsolescence in determining the equipment's value...
Negligence Suit Against Employer's Affiliate Company Gets Green Light
Posted on December 08, 2009In Van Dyke v. CMI Terex, the COA dismissed as interlocutory an appeal by a "grandparent" company of an employee killed on the job. The deceased employee's estate brought suit against, among others, the parent corporation of the member-manager of the employee's employer...
NC COA Postpones Opinions Till Next Week
Posted on December 01, 2009The NC COA, which is in the process of a move back to its old building, won't be filing opinions until next week.
Judge Steelman Running For Re-Election To NC COA
Posted on November 23, 2009COA Judge Steelman announced he's running for re-election. Read more here, where you can also see the results of an interesting poll indicating that while most folks know little at best about judicial elections, they still want to be able to elect their judges.
Idaho Health and Home Products Company Sues Former Employees For Trade Secret Theft - And Ubiquitous News Stories Abound Regarding Longevity Payments
Posted on November 20, 2009The Associated Press is reporting that an Idaho health and home products company Melaleuca Inc. accuses a Utah company of raiding some of its top sales staff, infringing on company trade secrets and competing unfairly.Idaho Falls-based Melaleuca filed a lawsuit in federal court Monday against Max International, its top sales executive and dozens of former Melaleuca sales executives...
COA Opinions Today
Posted on November 17, 2009Today the Court of Appeals published 13 cases, 9 of them civil. More on these cases later today.
Senate Confirms Andre Davis For 4th Circuit
Posted on November 10, 2009Last night, the senate confirmed Andre Davis, making him the newest judge on the 4th Circuit Court of Appeals. Read more at the NY Times here.
NC Supreme Court Publishes 2 Today
Posted on November 06, 2009The NC Supreme Court published only 2 cases today, NC DOT v. Blevins, affirming a COA evidence opinion, and State v. Philip Morris, addressing tobacco company payment obligations to certain farmers under a trust agreement.
COA Gives Green Light To Corporate Veil Piercing Claim
Posted on November 04, 2009The NC COA reversed a trial court's dismissal of a corporate veil piercing claim. The case is Fischer Inv. Capital, Inc. v. Catawba Dev. Corp.In Fischer, the trial court dismissed the creditor plaintiff's claim, among other things, for piercing the corporate veil of defendant Catawba Development Corporation...
No Parent Liability In Wrongful Death Suit
Posted on November 04, 2009Hamby v. Profile Products, a 2007 NC Supreme Court case, didn't create per se immunity from workplace injury liability for parent corporations of employers. Under the good samaritan doctrine, an employer's parent company may be liable for workplace injuries...
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that seems a little ridiculous that they would do that. libraries are supposed t...
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The varying costs of long term care insurance is due to the location of the faci...
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See historic examples such as Waco, Texas:
http://en.wikipedia.org/wiki/Br...
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Although in most states there is generally no legal requirement that a will be d...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
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