North Carolina
North Carolina Supreme Court upholds law that allowed 2 more years for child sex abuse suits
RALEIGH, N.C. (AP) — North Carolina’s highest court upheld on Friday a law that gave adult victims of child sexual abuse two additional years to seek civil damages, rejecting arguments that the temporary window violated constitutional protections for those facing claims that otherwise could no longer be pursued in court.
In a case involving a local school board sued by three former students years after an ex-high school coach was convicted of crimes against team members, the state Supreme Court ruled the General Assembly could enact a key provision within the 2019 SAFE Child Act that was also signed by then-Gov. Roy Cooper.
Before the law, victims of sexual abuse before age 18 effectively had until turning 21 to file such civil claims against perpetrators. Now such victims have until they’re age 28. But the issue before the court in the Gaston County case was the provision that gave other child sex abuse victims whose time period to sue ended the ability to file valid lawsuits for damages from January 2020 through December 2021.
Supporters of the provision said it allowed victims to ensure their abusers and institutions that allowed abuse to happen pay for the damage, and that abusers are called out publicly. At least 250 child sex abuse lawsuits were filed in North Carolina under that one-time lookback period, according to a board legal brief.
A divided state Court of Appeals panel last year had already upheld the two-year window as constitutional.
The board’s attorney had argued the lookback period violated the North Carolina Constitution by stripping away fundamental rights protected from retroactive alterations by the legislature. He also said that upholding the litigation window would make it impossible in some cases to mount vigorous defenses given the passage of time and destroyed records.
Writing Friday’s majority opinion, Chief Justice Paul Newby said a review of previous versions of the state constitution showed that a current provision barring “retrospective laws” expressly applies only to retroactive criminal and tax laws. And another constitutional provision that can be used to strike down laws that violate a person’s rights does not apply here, he added.
“Our precedents confirm that the General Assembly may retroactively amend the statute of limitations for tort claims,” Newby wrote, referring to civil actions in which someone seeks monetary compensation for harm by another.
The coach, Gary Scott Goins, was convicted of 17 sex-related crimes in 2014 and sentenced to at least 34 years in prison. The former student-athletes sued the Gaston County Board of Education and Goins in 2020, alleging he sexually assaulted them on multiple occasions. Goins was later dismissed as a defendant in the current lawsuit, according to court documents. Lawyers for the state help defend the 2019 law in court.
Since 2002, 30 states and the District of Columbia revived previously expired child sex abuse claims with limited or permanent expansions of claim periods, according to CHILD USA, a think tank advocating for children.
Associate Justice Allison Riggs recused herself from Friday’s case, as she wrote the Court of Appeals opinion while she served on the intermediate-level appeals court in 2023. That ruling was largely upheld Friday.
Associate Justice Anita Earls wrote her own opinion Friday that while supporting the outcome criticized harshly the majority for backing Newby’s methodology of evaluating whether a law is constitutional. Earls and Riggs are the two registered Democrats on the seven-member court.
Still, Earls wrote, “all justices would hold that the political branches may enact remedial legislation that empowers survivors of child sexual abuse to recover for the harm they endured at the hands of their abusers and those that enabled the abuse, through civil litigation of claims that would have otherwise been barred by the statute of limitations.”
The matter was one of five cases involving the SAFE Child Act in which oral arguments were heard by the Supreme Court on one day in September.
Three more of these cases were settled Friday. In one, the court agreed that the law’s language permitted lawsuits during the two-year window to be filed against both the perpetrator or the abuse as well as institutions linked to the offender.
That case involved a Catholic layperson accused of sexual abuse in the 1980s. A trial judge had previously ruled that the law’s language only permitted litigation against the alleged abuser, thus dismissed two Catholic entities as defendants. The Supreme Court agreed with the Court of Appeals reversing that decision. Riggs also did not participate in that case.
North Carolina
Judges approve North Carolina’s use of GOP-friendly district map – UPI.com
Nov. 26 (UPI) — A three-judge panel on Wednesday permitted North Carolina to adopt a redrawn congressional map that is expected to favor the Republican Party.
The U.S. District Court for the Middle District of North Carolina unanimously ruled against the plaintiffs’ request for an injunction against legislation approved in October by the state’s General Assembly that critics say threaten one federal congressional district, specifically Congressional District 1, which represented by Democrat Don Davis.
In their 57-page ruling on Wednesday, the three Republican-appointed judges said the plaintiffs failed to prove that the state’s General Assembly enacted the legislation, Senate Bill 249, with the intent to “minimize or cancel out the voting potential” of Black North Carolinians as they had claimed.
The ruling comes in protracted litigation that began in 2023, when the Republican-led state sought to redraw some of the districts for electing representatives to the state Senate and federal Congress.
The plaintiffs, who include the North Carolina State Conference of the NAACP, sued that December. In October, amid litigation on the maps, the state’s General Assembly passed legislation to swap counties between Congressional District 1 and Congressional District 3.
The plaintiffs again sued the state, alleging the legislation was unconstitutional and asking the court to enjoin S.B. 249.
Earlier this month, the same three-judge panel issued a ruling approving the changes to the map put forward in 2023.
A hearing on S.B. 249 was held Nov. 19, during which the plaintiffs argued that the speed with which the General Assembly passed the 2025 plan was evidence of discriminatory intent.
But the panel of judges disagreed, stating “they have offered no reason to believe that the speed of the 2025 process indicates an intent to discriminate on the basis of race. Nor do they explain what weight we are supposed to assign to what they call ‘the near uniform outcry among North Carolina voters against the map and the process.’”
The ruling comes amid something of a gerrymandering race in the United States that began in earnest when Texas this summer — under pressure of President Donald Trump — sought a mid-decade redraw of its maps to make them more favorable to the Republican Party.
California is in the process of redrawing its maps in retaliation and other states under control of both parties have followed with similar plans.
North Carolina
North Carolina calls on Shopify to stop illegal e-cigarette sales on its platform
RALEIGH, N.C. (WLOS) — North Carolina Attorney General Jeff Jackson has joined a coalition of 25 other attorneys general calling on Shopify, a popular e-commerce platform, to take stronger action against merchants who use its services to sell illegal tobacco products and e-cigarettes.
In a Nov. 24 news release, the AG’s office said there are more than two dozen illegal e-cigarette websites that utilize Shopify’s platform and another 200 websites that are selling illegal tobacco products.
“If states and the federal government create laws to protect our residents, companies can’t sidestep those for their own profit,” Jackson said in the news release. “We have protections against selling e-cigarettes to children because we know how harmful it is for them, and we need Shopify to step up and keep those products off of its platforms.”
VAPING IMPACTS BLOOD VESSELS & OXYGEN, NEW STUDY SAYS
The AG’s office said that due to their highly addictive nature and potential health risks, especially for young people, e-cigarettes are strictly regulated by federal law, as well as by many state laws across the country. E-cigarettes also cannot be sold to people under the age of 21.
Jackson’s office said Shopify has removed merchants for using its services for unlawful activities in recent years, but merchants continue using it to sell e-cigarettes.
The bipartisan attorneys general are asking Shopify to work together to find a solution that keeps unlawful products off their platforms and out of the market, according to the release.
NORTH CAROLINA LAWSUIT DOCUMENTS AGAINST JUUL NOW PUBLIC
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In 2019, North Carolina sued electronic cigarette company JUUL for unlawfully designing, marketing, and selling e-cigarettes to teenagers. It won a $47.8 million judgment against Juul in 2021.
North Carolina
In wake of apparent road rage shootings, Thanksgiving drivers, travelers prepare
DURHAM, N.C. (WTVD) — Safety is top of mind for many people in the Triangle after a violent week of apparent road rage shootings, including one over the weekend in Wake County on Knightdale Blvd., where one person died.
“It’s a little overwhelming, it’s like anxiety inducing,” Raj Rana said.
Rana said he’s seen firsthand how driving behavior can escalate on North Carolina roads.
“I’ll try to understand my surroundings and get to a place where I cannot be in someone’s way or have their anger not be directed at me,” Rana said.
AAA is projecting nearly 90% of Thanksgiving travelers will travel by car, including in Durham County, where driving instructor Calvin Brewer is teaching students how to avoid and manage road rage.
It’s better to just drive away rather than confront other drivers.
Calvin Brewer, Driving Instructor
“We have been seeing a lot more road rage and a lot more incidents about road rage, especially with the population increase,” Brewer said.
North Carolina is home to more than 11 million people, meaning more drivers on the road.
Some of the safety tips Brewer said include:
- Removing yourself from the situation
He added that there could be legal consequences depending on how you react to aggressive behaviors on the road.
“Remember the value of staying calm in stressful situations,” Brewer said. “We always teach that safety is top priority. If you feel threatened or if you know something like that, it’s better to just drive away rather than confront other drivers.”
SEE ALSO | Deadly shooting may have been sparked by road rage in Wake County
SEE ALSO | 1 person injured after shooting in south Raleigh, police say
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