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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.
COA Vacates Industrial Comm'n Award Because Commissioner Wasn't Qualified
Posted on June 17, 2008Today the Court of Appeals (COA), in an opinion by Judge Bryant, held that the Industrial Commission's 2-1 decision against an employer had to be vacated because one of the commissioners in the majority was not qualified to serve, since the Governor had named his successor three days before the decision was filed...
COA says no jurisdiction over out-of-state defendant who allegedly defamed NC resident on website available to everyone
Posted on June 17, 2008Today, the Court of Appeals held that an out-of-state defendant's posting of allegedly defamatory remarks about a North Carolina citizen, posted on a website accessible to everyone, including people in North Carolina, but not "directed" at North Carolina, did not subject the defendant to personal jurisdiction...
COA rejects choice of law and forum selection clauses in contracts relating to NC real estate
Posted on June 17, 2008Today, in Price and Price v. Miken Corporation, the Court of Appeals confirmed that choice of law and forum selection clauses in contracts concering real property located in North Carolina are invalid.The plaintiff was a subcontractor working on a commercial development in Asheville; the defendant was a developer based in Florida...
COA Decisions Today
Posted on June 17, 2008Today the Court of Appeals released 19 published decisions, of which 13 are civil and 6 are criminal. There are a half dozen dissents. More on these cases later.
NC Supreme Court upholds ruling that teacher cannot get workers' compensation for "generalized anxiety disorder"
Posted on June 13, 2008Yesterday, the North Carolina Supreme Court held that "generalized anxiety disorder" is not an occupational disease under the Workers' Compensation Act, at least under the facts as presented by the plaintiff, a middle school teacher. The case is Hassell v...
NC SCT Action Today
Posted on June 12, 2008Today the NC Supreme Court issued orders and 13 decisions. Of the 13 decisions, seven are per curiams (including one with an evenly divided Court), and six are written opinions. Six of the 13 decisions are criminal cases. We'll have more on some of the opinions later...
NC Supreme Court upholds ruling that teacher cannot get workers' compensation for "generalized anxiety disorder"
Posted on June 12, 2008Today, the North Carolina Supreme Court held that "generalized anxiety disorder" is not an occupational disease under the Workers' Compensation Act, at least under the facts as presented by the plaintiff, a middle school teacher. The case is Hassell v...
NC Supreme Court Decisions Due This Week
Posted on June 08, 2008The Supreme Court is scheduled to issue decisions this Thursday, June 12.
COA Clarifies 12(b)(6) Dismissal Motion Requirements
Posted on June 04, 2008In the unpublished Austin Hatcher Realty, Inc. v. Hazel Gaither et al., the COA yesterday clarified what's required when making a 12(b)(6) motion, though perhaps upped what's needed to allege an unjust enrichment claim.In Austin Hatcher, a real estate listing agreement was entered into, and the property was ultimately sold...
COA Allows Suit Against County To Go Forward On One Insurance Policy, Not On Another
Posted on June 04, 2008In Cowell v. Gaston County et al., the COA allowed the plaintiffs, home owners who attributed their uninhabitable home to negligent inspection by county building inspectors, to go to trial against the county on Tuesday.The county had bought 2 insurance policies but claimed that neither covered plaintiffs' claims and therefore the county was immune...
COA Allows UDTPA Claim In Employment Context
Posted on June 04, 2008In Gress v. The Rowboat Company, Inc., the COA allowed the defendants to roll forward with their unfair and deceptive practice claim in the context of an ostensible employment relationship. The COA noted that, generally, there is a presumption against unfair and deceptive practice claims in the employment context because such disputes are not sufficiently in or affecting commerce, a requisite element of a UDTPA claim...
COA limits Wage and Hour Act to N.C. residents/employees
Posted on June 03, 2008Today, in Sawyer v. Market America, the Court of Appeals limited the reach of the North Carolina Wage and Hour Act by holding that it does not apply to someone who neither lives nor works in the state. (Womble Carlyle represented the defendant, Market America...
COA Decisions Today
Posted on June 03, 2008Today the Court of Appeals issued a relatively slim load of opinions: 18 published, of which 11 are civil and 7 are criminal. More on these cases later.
Agee Unanimously Confirmed To Fourth Circuit
Posted on May 21, 2008Yesterday the Senate unanimously confirmed VA Supreme Court Justice Steven Agee to a seat on the Fourth Circuit. A story is here.
Split Fourth Circuit Strikes Down VA's Partial Birth Abortion Statute
Posted on May 20, 2008Today the Fourth Circuit, in a 2-1 decision, struck down Virginia's partial-birth abortion statute. The majority (Judges Michael and Motz) did so even though the U.S. Supreme Court last year, in Gonzales v. Carhart, upheld the federal partial-birth abortion statute that Congress passed in 2003...
COA limits implied waiver of sovereign immunity afforded by Corum v. UNC
Posted on May 20, 2008Today, in Petroleum Traders Corp. v. State, the Court of Appeals limited the waiver of sovereign immunity afforded by Corum v. University of North Carolina to claims arising under Article I of the N.C. Constitution, the Declaration of Rights.An Indiana company that sold oil to the state and its entities sued the state, complaining about the 1...
COA Decisions Today
Posted on May 20, 2008Today the Court of Appeals released 26 published decisions (10 criminal, 16 civil). The Court reversed or vacated in nine of the 26 cases. There were two dissents. More on these cases later.
Fourth Circuit emphasises the line between breach of contract and False Claims Act/fraud in the inducement
Posted on May 20, 2008In United States ex rel. Wilson, Warren v. Kellogg, Brown & Root, the Fourth Circuit held that a relator in a quit tam False Claims Act suit cannot use the Act to recover for what is essentially an alleged breach of contract by the defendant against the government...
COA Issues Equitable Reformation Decision
Posted on May 20, 2008Today the Court of Appeals (COA) issued a decision on the doctrine of equitable reformation. The case is Carter v. West American Ins. Co.The basis for the suit was this: plaintiffs' home was destroyed by fire; the written insurance contract set the dwelling coverage amount at $119,500; plaintiff alleged, however, that the insurer, through an insurance agent, had orally agreed or impliedly assumed a duty to cover whatever it cost to replace the house (much higher than the coverage amount)...
COA Rejects Aiding-And-Abetting Tort Liability
Posted on May 20, 2008Today in Hinson v. Jarvis the Court of Appeals (COA) rejected plaintiff's claim that defendant could be liable for aiding and abetted her (defendant's) negligent operation of a vehicle.Mr. Jarvis was driving with his wife, the defendant, when they struck head on a vehicle in which the Hinson family was riding...
COA Applies "Evidentiary Admission" To Affirm Summary Judgment
Posted on May 20, 2008Today in Hash v. Estate of Paige Walton Hensley the Court of Appeals confronted this situation: plaintiff, a passenger in defendant's vehicle at the time of an accident, was alleging in her complaint and in her affidavit opposing summary judgment that the defendant was negligent; but plaintiff had previously testified, in an earlier criminal trial against another party to the accident (Gordon), and in a deposition in an earlier civil case against Gordon, that it was Gordon who was at fault, and that defendant was not negligent...
COA Reaffirms That Waiver/Estoppel Can't Broaden Coverage Of Insurance Policy
Posted on May 20, 2008Today in Hannah v. Nationwide Mut. Fire Ins. Co. the Court of Appeals (COA) reaffirmed that the doctrines of waiver and estoppel may not be used by an insured to broaden the overage of a policy to protect against risks not included in the policy or excluded from the policy (in this case, to obtain coverage for personal property not otherwise covered by the policy)...
President Nominates Fourth Circuit Judge From VA
Posted on May 09, 2008President Bush yesterday nominated District Judge Glen Conrad (W.D. Va.) to the seat held by Emory Widener. Here's a story on it.
COA Upholds Rule 11 Sanctions In Non-Compete Case
Posted on May 06, 2008Today, in an unpublished decision, the Court of Appeals (COA) upheld Rule 11 sanctions. The case is Yadkin Valley Bank & Trust Co. v. AF Financial Group. Judge Stephens wrote the decision, joined by Judges Steelman and Calabria. Two bank officers entered into employment agreements containing non-competition clauses...
COA Splits Over Sanction For Failing To Attend Depo
Posted on May 06, 2008Today, in Moore v. Mills, the Court of Appeals (COA), in a 2-1 decision, reversed a sanction entered against a defendant who failed to attend his deposition. Judge Elmore wrote the majority decision, joined by Judge Arrowood. Judge McCullough dissented...
COA Splits In Coverage Dispute
Posted on May 06, 2008Today in the Court of Appeals (COA) split on the issue whether insurance carriers had a duty to defend an insured for an underlying lawsuit. Specifically, they split on the application of an exclusion. The case is Harleysville Mut. Ins. Co. v. Buzz Off Insect Shield, L...
COA Dismisses TSPA Claim For Indefinite Pleading
Posted on May 06, 2008Today the Court of Appeals (COA) reiterated that, to plead misappropriation of trade secrets, "a plaintiff must identify a trade secret with sufficient particularity so as to enable a defendant to delineate that which he is accused of misappropriating and a court to determine whether misappropriation has or is threatened to occur...
COA Decisions Today
Posted on May 06, 2008Today the Court of Appeals released a bunch of decisions, including 45 published decisions. Twenty are criminal cases, 25 are civil. (There appear to be 27 civil decisions on the website, but two of those decisions are repeats of other decisions because they involved multiple appeals arising from the same underlying case...
Fourth Circuit Strikes Down NC's Campaign Finance Law ...
Posted on May 01, 2008Today in North Carolina Right to Life, Inc. v. Leake, a split Fourth Circuit (in 101 pages of opinions!) held that key provisions of NC's campaign finance laws violate the First Amendment, including provisions regulating the "express advocacy" of candidates by organizations, defining "political committee," and limiting contributions...
... But Fourth Circuit Upholds NC's Judicial Campaign Reform Act
Posted on May 01, 2008In a separate campaign finance case today, bearing the similar title of North Carolina Right to Life Committee Fund for Independent Political Expenditures v. Leake, the Fourth Circuit rejected a First Amendment challenge to the State's Judicial Campaign Reform Act, which became effective in 2002...
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http://en.wikipedia.org/wiki/Br...
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