Free Newsletter
Civil Practice – Stay – Federal Law Suit – Substantially Similar
North Carolina Lawyers Weekly Staff//March 26, 2012//
Civil Practice – Stay – Federal Law Suit – Substantially Similar
North Carolina Lawyers Weekly Staff//March 26, 2012//
Manuel v. Gembala (Lawyers Weekly No. 12-16-0351, 18 pp.) (Douglas McCullough, J.) Appealed from Bladen County Superior Court. (Thomas Lock, J.) N.C. App. Unpub. Full-text opinion.
Holding: Plaintiffs have filed similar actions against defendant in both federal and state court, alleging a “mortgage modification” scam. The federal suit was filed first. On defendant’s motion to stay the state court action, the trial court considered plaintiffs’ access to the federal court to hear their state law claims, the nature of the case, the choice of forum by plaintiffs, and the practical consideration of judicial economy. These factors support the trial court’s decision to grant defendant’s motion to stay.
Affirmed.
Top Legal News
- GOP Rep. Sarah Stevens resigns to focus on NC Supreme Court race
- Occupancy tax funds may support tourism-related public safety services
- Teachers association takes on Trump in RI court over money for English learners
- US judge asked to bar Trump’s UFC fight at White House
- Trial date set for New Hanover development lawsuit
- SCOTUS News: Drugmaker’s ‘induced infringement’ suit comes up short
- Class certification denied over dealership prize mailer
- Deleted files cost defendants in trade secret case, NC Supreme Court rules
- Telecoms denied right to jury in FCC data security actions
- Anthropic urges AI labs to pause development, warns humans risk losing control
- Guilty plea barred direct appeal of habitual felon challenge
Commentary
- AI divorce is real, but family law can still save itself
- ‘AI won’t take your job’ and other things CEOs say before the layoffs
- When not to believe (your lyin’ eyes)
- Conduct a technology audit to improve law firm efficiency
- When the client brings ChatGPT to the consultation
- Content Marketing: Where law firms lose referrals and how to prevent it
- Your best people are not leaving for more money — they are leaving because you stopped paying attention
- Best at Work Insights: The choice we’re making about AI
- New life for the noncompete
- 2026: The year of tech, both heroes and villains
- Beyond burnout: The case for workplaces where people thrive
- The December question every leader should anticipate
