North Carolina Injunction Law

United States of America v. Amir Salvatore Khayyat

Charlotte, North Carolina criminal law lawyer represented Defendant charged with cyberstalking. In 2017, Amir Salvatore Khayyat, age 29, from Charlotte, met the victim, identified in court documents as "Jane Doe.â€ Jane Doe is a licensed clinical psychologist and a credentialed mental health service provider, who met Khayyat in her professional capacity. Court records show that, from... More...

$0 (10-25-2022 - NC)

United States of America v. Asheboro Drug Company, Inc., et al.

Raleigh, North Carolina criminal defense lawyer represented defendants charged with with health care fraud. Asheboro, North Carolina based Asheboro Drug Company, Isaac F. Brady, III and Isaac F. Brady, IV were accused of dispensing controlled substances, including opioids, without taking specific steps to help ensure the drugs will not be abused or diverted. The parties entered i... More...

$0 (07-13-2022 - NC)

United States of America v. Robert L. Crocker and Farmville Discount Drug, Inc.

Raleigh, NC - The United States of America sued Robert L. Crocker and Farmville Discount Drug, Inc. seeking a permanent injunction ordering the Defendants to never again sell opioid drugs. A consent judgment and permanent injunction was entered requiring a North Carolina pharmacy, FARMVILLE DISCOUNT DRUG, INC., as well as its owner and pharmacist-in-charge, ROBERT L. CROCKER, to pay $600,... More...

$0 (02-04-2020 - NC)

<cente> Lewis A. Brandon, III v. The City of Greensboro

<center> <img width="300" src="http://www.ncmd.uscourts.gov/sites/ncmd/files/lrp.JPG"> </center> After eight voting citizens of Greensboro, North Carolina, (“Citizens”) prevailed in an action under 42 U.S.C. § 1983 against the Guilford County Board of Elections, successfully challenging as unconstitutional a 2015 state law that redrew Greensboro City Council districts and obt... More...

$0 (04-15-2019 - NC)

American Civil Liberties Union of North Carolina v. Nicholas J. Tennyson

In our previous opinion in this case, we affirmed the decision of the district court and held that North Carolina’s specialty license plate program violated the First Amendment. See ACLU v. Tata, 742 F.3d 563 (4th Cir. 2014). The State sought review by the Supreme Court, which vacated our decision and remanded the case to us for reconsideration in light of the Court’s decision in Walker v. Tex... More...

$0 (03-04-2016 - NC)

Jeanne T. Bartels v. Saber Healthcare Group, LLC

Saber Healthcare Holdings, LLC, sits at the top of a family of wholly owned limited-liability companies that own and operate dozens of assisted-living facilities and nursing homes in several states, including North Carolina. Current and former residents of one of Saber’s North Carolina assisted-living facilities brought a putative class action in North Carolina state court against Saber Healthca... More...

$0 (01-24-2018 - NC)

United States of America v. William Carl Welsh

In January 2011, William Carl Welsh pleaded guilty in an Oregon federal district court to failing to comply with the Sex Offender Registration and Notification Act (“SORNA”) and was sentenced to 673 days in the custody of the Bureau of Prisons. Welsh admitted that he had not updated his sex offender registration in Oregon when he left the state to move to Belize. While in the custody of the Bu... More...

$0 (01-15-2018 - NC)

United States of America v. William Scott Davis, Jr.

Raleigh, NC - Federal Jury Convicts Virginia Man for Cyberstalking and Communicating Interstate Threats William Scott Davis, Jr., a 57-year-old resident of Hampton, Virginia, was convicted following a three-day trial before Senior United States District Judge W. Earl Britt. The jury found DAVIS guilty of cyberstalking and communicating interstate threats. The evidence at trial s... More...

$0 (12-14-2017 - NC)

Peggy Hill; Amy Walker v. Barry Goggins, d/b/a Cherokee Bear Zoo

Defendants Barry Coggins and Collette Coggins, doing business as the Cherokee Bear Zoo (collectively, “the Zoo”), keep, care for, and exhibit bears. In 2013, Plaintiffs Peggy Hill and Amy Walker (collectively, “Plaintiffs”) visited the Zoo, and observed four of the Zoo’s bears living in what Plaintiffs believed to be an inhumane setting. In response, Plaintiffs brought the instant suit a... More...

$0 (08-14-2017 - NC)

United States of America v. William Todd Chamberlain

This case calls upon us to reconsider our anomalous rule permitting the pretrial restraint of a defendant’s innocent property pursuant to the federal criminal forfeiture statute, 21 U.S.C. § 853. Arguing that the Supreme Court’s recent decision in Luis v. United States, 136 S. Ct. 1083 (2016), undermined the jurisprudential foundation of our earlier decisions interpreting that... More...

$0 (08-18-2017 - NC)

Judith Quale Stewart v. Dorothy S. Kopp, et al.

Chalcombe Court is a condominium community in Charlotte, North Carolina. The community is governed by its mandatory-membership Homeowners Association (the Association), acting through its Board of Directors (the Board). The community and the Association are further governed by the Declaration of Unit Ownership and Bylaws and the General Rules and Regulations (the condominium documents). ... More...

$0 (03-07-1995 - NC)

Thomas H. Krakauer v. Dish Network, L.L.C.

Durham, NC - Jury Awards $400 Each to 51,000 Members of Class Thomas H. Krakauer sued Dish Network, L.L.C. for violating the "Do Not Call Registry" (47 U.S.C. 277) statute by calling him and 51,000 other individuals. Title 47 U.S.C. 0227 provides: Restrictions on use of telephone equipment (a) Definitions As used in this section— (1) The term “... More...

$21400000 (01-23-2017 - NC)

North Carolina State Conference of the NAACP v. Patrick L. McCrory

These consolidated cases challenge provisions of a recently enacted North Carolina election law. The district court rejected contentions that the challenged provisions violate the Voting Rights Act and the Fourteenth, Fifteenth, and TwentySixth Amendments of the Constitution. In evaluating the massive record in this case, the court issued extensive factual findings. We appreciate and commend t... More...

$0 (07-29-2016 - NC)

Dickson v. Rucho

Following the 2010 Decennial Census, the General Assembly of North Carolina enacted redistricting plans for the North Carolina Senate and House of Representatives, and for the North Carolina districts for the United States House of Representatives. Plaintiffs challenge the legality of these plans, arguing that they violate the Constitutions of the United States and of North Ca... More...

$0 (12-19-2015 - NC)

Sandhill Amusements, Inc. v Sheriff of Onslow County

Onslow County Sheriff Ed Brown ("Sheriff Brown") appeals from orders entered on 4 November 2013 denying his motions to dismiss under Rule 12 as well as granting a preliminary injunction in favor of plaintiffs Sandhill Amusements, LLC n 2 July 2013, Alcohol Law Enforcement ("ALE") Special Agent Kenny Simma ("Agent Simma"), Assistant Supervisor Keith Quick ("Agent Quick"), and Onslow County Sheriff'... More...

$0 (10-25-2015 - NC)

American Civil Liberties Union of North Carolina v. Anthony J. Tata

The First Amendment prohibits the making of any law "abridging the freedom of speech . . . .â€ U.S. Const. amend. I. "Premised on mistrust of governmental power, the First Amendment stands against attempts to disfavor certain subjects or viewpoints.â€ Citizens United v. Fed. Election Comm'n, 558 U.S. 310, 340 (2010). Chief amongst the evils the First Amendment prohibits are government... More...

$0 (02-11-2014 - NC)

Henry Pashby v. Albert Delia

In 2010, the North Carolina General Assembly voted to impose stricter eligibility requirements for in-home personal care services (PCS), an optional Medicaid program that assists disabled adults with daily tasks such as eating and bathing. Appelleesâ€”thirteen North Carolina residents who lost access to in-home PCS due to the statutory change (collectively "the PCS Recipients")â€”brought... More...

$0 (03-05-2013 - NC)

Gretche S. Stuart, M.D. v. Janice E. Huff

In late 2011, plaintiffs challenged the constitutionality of the North Carolina "Woman's Right to Know Act," ("the Act"), a statute that requires certain informed consent procedures prior to the performance of an abortion, N.C. Gen. Stat. Â§Â§ 90-21.80 to -21.92. Although the North Carolina Attorney General actively sought to defend the statute, appellantsâ€”a group of pro-life medical pr... More...

$0 (01-24-2013 - NC)

Dawn D. Brown v. Town of Cary

The Town of Cary, North Carolina (the "Town"), appeals the district court's invalidation of its municipal sign ordinance as it applied to resident William David Bowden ("Bowden"). The district court held that the ordinance was a content based constraint on Bowden's First Amendment rights. We disagree. Because the ordinance regulates speech for reasons independent of content, it is a content neutra... More...

$0 (01-22-2013 - NC)

Philip Benham v. City of Charlotte, North Carolina

In September 2007, Philip Benham, Sheryl Chandler, and Operation Save America (collectively, the "Plaintiffs"), initiated this 42 U.S.C. Â§ 1983 action in the Western District of North Carolina, seeking injunctive relief and damages from the City of Charlotte and two of its officials, Keith Parker and Emily Westbrook (collectively, the "City"). The Plaintiffs alleged in their complaint that two ... More...

$0 (02-15-2011 - NC)

Town of Midland v. Harry T. Morris

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont... More...

$0 (01-18-2011 - NC)

Viktoria King v. Beaufort County Board of Education

This case presents the question of whether the Beaufort County School Board and its superintendent (defendants) violated state law by denying Viktoria King (plaintiff) access to alternative education during her long-term suspension from school. After considering longstanding precedent affording school officials discretion in administering student disciplinary codes and recent cases recognizing a s... More...

$0 (10-08-2010 - NC)

Julie A. Derossett v. Duke Energy Carolinas, L.L.C.

Plaintiffs Julie A. DeRossett and Richard A. Sutton appeal from the trial court's order granting partial summary judgment in favor of Defendant Duke Energy Carolinas, LLC. After a careful review of Plaintiffs' challenges to the trial court's order in light of the record and the applicable law, we conclude that the trial court's order should be affirmed. I. Factual Background A. Subst... More...

$0 (09-07-2010 - NC)

H.B. Rowe Company v. W. Lyndo Tippett

This case arises from the attempt by the people of North Carolina and their elected representatives to end racial and gender-based discrimination in state highway construction subcontracting. The State's statutory schemeâ€”the product of extensive study and refinement in response to developments in federal lawâ€”requires prime contractors to engage in good faith efforts to satisfy partic... More...

$0 (07-22-2010 - NC)

The News and Observer Publishing Company v. Raleigh-Durham Airport Authority

This appeal arises from the district court's grant of summary judgment to newspaper publishers bringing a First Amendment challenge to a public airport's total ban on newspaper racks inside its terminals. We found a similar ban unconstitutional in Multimedia Publishing Co. of South Carolina, Inc. v. Greenville-Spartanburg Airport District, 991 F.2d 154 (4th Cir. 1993), which guides our decision to... More...

$0 (03-23-2010 - NC)

Jessica Hardy v. Beaufort County Board of Education, et al.

Jessica Hardy ("plaintiffâ€) was a tenth grade student at Southside High School in Beaufort County during the 2007-2008 school year. On 18 January 2008, a fight involving numerous students occurred, and plaintiff was one of the students involved. As a result, plaintiff was subsequently suspended for ten days, beginning 24 January 2008. Additionally, the principal of Southside High Scho... More...

$0 (10-20-2009 - NC)

Independence News, Inc. v. City of Charlotte

In 1994, the City of Charlotte ("City") enacted an Adult Zoning Ordinance ("AZO") to protect certain sensitive uses from the "secondary effects" associated with adult establishments. The ordinance contains an amortization provision that required covered adult establishments to close or relocate to a conforming location by January 18, 2002. Independence News, Inc. ("Independence News") and Polo Sou... More...

$0 (06-03-2009 - NC)

Independence News, Inc., et al. v. City of Charlotte

$0 (06-03-2009 - NC)

Town of Pinebluff v. William A. Marts and Sandra Marts

Defendants William A. and Sandra Marts appeal from the trial court's order granting summary judgment to the Town of Pinebluff and issuing an injunction requiring the Marts to comply with the Town's zoning ordinance and maintain a mini-park and open space in a subdivision they developed. The bulk of the Marts' arguments on appeal constitute a collateral attack on the zoning ordinance and, therefor... More...

$0 (03-17-2009 - NC)

John Malloy d/b/a The Dogwood Gun Club v. Roy A. Cooper, III, Attorney General of the State of North Carolina, et al.

Plaintiff is a resident of Granville County, North Carolina, and owns an unincorporated business operating under the name "Dogwood Gun Club." Plaintiff sponsors a biannual pigeon shoot, known as "The Dogwood Invitational," on his private land in Granville County. Plaintiff has sponsored, organized, and operated these pigeon shoots since 1987. Contestants participate by invitation only, and each co... More...

$0 (03-24-2009 - NC)

OBX-Stock v. Bicast

James Douglas, the founder of OBX-Stock, Inc., cleverly invented "OBX" as an abbreviation for the "Outer Banks" of North Carolina. OBX-Stock began using the letters OBX on oval stickers for automobiles to indicate that the automobile was from or had visited the Outer Banks. The letters were also attached to souvenirs and other sundries to indicate that they were sold at the Outer Banks. O... More...

$0 (03-14-2009 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/032252.P.pdf" target="_new">Rebecca Willis v. Town of Marshall, North Carolina</a>

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town's community center. Rebecca Willis enjoyed attending the Friday-night gatherings and dancing to the music provided by the local bands. Willis's unorthodox dancing style, however, led to complaints about her to the committee in charge of the Depot events. As a ... More...

$0 (10-08-2005 - NC)

<a href="http://www.aoc.state.nc.us/www/public/sc/opinions/2003/428-02-1.htm" target="_new">William J. Wise and Lynn P. Wise v. Harrington Grove Community Association, Inc., et al.</a>

This is a declaratory judgment action brought by real property owners against their homeowners association. The facts, as reflected in the record on appeal, are as follows: In 1999, William and Lynn Wise (plaintiffs) purchased a home in the Harrington Grove subdivision in Raleigh, North Carolina. Plaintiffs' home, as well as every other home in Harrington Grove, is subject to the "Declaration o... More...

$0 (09-09-2003 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/011726.P.pdf" target="_new">Giovani Carandola, et al. v. George Bason, et al.</a>

In this case, the North Carolina Alcoholic Beverage Control Commission (the Commission) appeals from the district court’s order preliminarily enjoining it from enforcing certain state restrictions on nudity and other conduct, pending the outcome of a trial. For the reasons stated herein, we affirm in part and vacate in part. I. Giovani Carandola, Ltd. operates Christie’s Ca... More...

$0 (09-03-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010399-1.htm" target"_new">Potter v. Hilemn Labs., Inc.</a>

Plaintiffs, Paul W. Potter and Mirror Tech., Inc., appeal the trial court's judgment finding that they violated a consent decree by using a certain silvering solution (Substance X) in making mirrors. Plaintiffs contend the trial court erred in four ways:(1) in concluding that, as between the parties, this is a trade secrets case; (2) in reversing by written order its prior oral ruling that Substan... More...

$233500 (05-21-2002 - NC)

<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011693.P" target="_new">Samuel Antrican v. Odom</a>

Several North Carolina Medicaid beneficiaries commenced this class action under 42 U.S.C. S 1983 against North Carolina State officials to obtain (1) a declaratory judgment that dental screening and treatment services provided to minors in North Carolina under the Medicaid program are inadequate and fail to comply with the require- ments of the Medicaid Act and (2) an injunction requiring the ... More...

$0 (05-09-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000898-1.htm" target="_new">John Malloy d/b/a The Dogwood Gun Club v. Michael F. Easley, et al.</a>

On 3 March 1999, plaintiff filed a complaint in the Superior Court of Granville County seeking (1) a declaratory judgment regarding the constitutionality of a particular criminal statute, and (2) an injunction prohibiting the State of North Carolina from enforcing the statute against plaintiff. In an order entered 9 May 2000, the trial court ruled partly in favor of plaintiff and partly in favor o... More...

$0 (09-04-2001 - NC)

<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=002543.P" target="_new">Pamel A. Hunter v. Earthgrains Company Bakery</a>

By Order of October 23, 2000, appellant Pamela A. Hunter, a prac- ticing attorney in Charlotte, North Carolina, and an active member of the North Carolina State Bar, was suspended from practice in the Western District of North Carolina for five years. Ms. Hunter appeals this suspension, imposed upon her pursuant to Rule 11 of the Federal Rules of Civil Procedure. As explained below, we conclu... More...

$0 (02-01-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/010345-1.htm" target="_New">Wade S. Dunbar Insurance Agency, Inc. v. James Alex Barber</a>

Wade S. Dunbar Insurance Agency, Inc. (“plaintiff”) instituted an action seeking to enforce a covenant not to compete against James Alex Barber (“defendant”). The trial court granted plaintiff a preliminary injunction, and defendant appeals. We affirm. I. Facts In March 1994, plaintiff and defendant agreed that plaintiff would purchase defendant's existing insu... More...

$0 (12-04-2001 - NC)

<a href=http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011037.U" target="_new">Candle Factory v. Trade Associates Group</a>

On December 14, 2000, the district court for the Eastern District of North Carolina issued a preliminary injunction against certain con- duct of defendants Trade Associates Group, Limited and Terry's Vil- lage. By that order, the defendants were directed to cease and desist from violating the copyright owned by Candle Factory, Incorporated and Cheryl Hannant for seashell-shaped candles. Trade... More...

$0 (11-30-2001 - NC)