Category Archives: Courts

N.C. Appeals Court affirms lower-court ruling tossing out Forsyth County elections board whistleblower suit

Written on May 21, 2013 at 8:41 am, by

A unanimous three-judge panel of the N.C. Court of Appeals has affirmed a trial-court ruling tossing a 2011 lawsuit from former employees of the Forsyth County Board of Elections who alleged the board had violated the Whistleblower Act. Among the other opinions released this morning, a three-judge panel unanimously agreed to send back to theContinue Reading

A 19th century approach to personnel?

Written on May 20, 2013 at 11:58 pm, by

Michael C. Byrne writes in the N&O about House Bill 834, which he says would “make it nearly impossible for state employees to challenge their dismissals, a practical return to the 19th century system where state employees serve at the governor’s pleasure.” Byrne writes: Under the new bill, cases would not be heard by impartialContinue Reading

The Marriage Amendment: The sky didn’t fall!

Written on May 8, 2013 at 9:09 am, by

Regardless of whether you supported or opposed the Marriage Amendment, it is important to assess the legal, political, and social consequences of its passage.  E. Gregory Wallace of the Campbell University School of Law begins that process with his recently published working paper,”The Sky Didn’t Fall: The Meaning and Legal Effects of the North CarolinaContinue Reading

Appeals Court allows fired Chapel Hill garbage workers to continue their suit against the town

Written on May 7, 2013 at 9:04 am, by

A unanimous three-judge panel of the N.C. Court of Appeals has vacated most of a lower-court order and ruled that two fired Chapel Hill sanitation workers can continue their wrongful-discharge lawsuit against the town. The two black workers contend Chapel Hill retaliated against them for filing race discrimination grievances. Among the other new opinions releasedContinue Reading

National Review editor explores the Pigford scam

Written on April 30, 2013 at 7:10 am, by

Rich Lowry devotes his latest National Review Online column to the ill-fated litigation known as Pigford. Abraham Carpenter Jr., a farmer in Grady, Ark., has more insight into human nature than the average sociologist. “Anytime you are going to throw money up in the air,” he told the New York Times, “you are going toContinue Reading

That poor, wheat-growing farmer, just minding his own business

Written on April 26, 2013 at 7:13 am, by

Regular readers in this forum might remember previous discussion of the 70-year-old U.S. Supreme Court case Wickard v. Filburn. The case crops up again in the latest issue of The Atlantic, cited by Ninth Circuit Court of Appeals Chief Judge Alex Kozinski as “the most important Supreme Court case no one’s ever heard of.” TheContinue Reading

Easley speaks out about NC Senate class size bill

Written on April 22, 2013 at 10:27 am, by

Yes, you read that headline correctly.  Felon and former governor Mike Easley is easing himself back into “the game.” In an Associated Press article, Easley recently commented on a Republican proposal to eliminate class size parameters.  He observed, “You can’t keep the classes small without paying for it and giving flexibility doesn’t pay for it.” Continue Reading

New N.C. Court of Appeals opinions released

Written on April 16, 2013 at 8:55 am, by

Among new opinions released this morning from the N.C. Court of Appeals: A unanimous three-judge panel ruled for a second time — after the case was returned from the N.C. Supreme Court — against the town of Northwest in a legal dispute involving Northwest, the town of Sandy Creek, and contractors who were alleged toContinue Reading