Advanced Internet Technologies, Inc. v. McGarrity (Lawyers Weekly No. 14-02-0879, 6 pp.) (James Dever III, Ch. J.) 5:13-cv-00638; E.D.N.C. Holding: Since the parties’ contract does not specify on its face that the defendant-company is a limited liability company rather than ...Read More »
Banks & Banking – Promissory Notes – Guarantors – ECOA – Statute of Limitations – Tort/Negligence – Fraud
PNC Bank, N.A. v. Welsh Realty, LLC (Lawyers Weekly No. 14-02-0878, 6 pp.) (Terrence Boyle, J.) 5:13-cv-00203; E.D.N.C. Holding: Where the loans at issue were made in 2006 and 2008, the defendant-guarantors’ counterclaims under the Equal Credit Opportunity Act are ...Read More »
Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur
Rudisil v. United States (Lawyers Weekly No. 14-02-0877, 7 pp.) (James Fox, Sr. J.) 5:13-cv-00110; E.D.N.C. Holding: The administrative notice of medical negligence that plaintiff gave the government makes no mention of her hospital negligence claim, which is predicated on ...
Tagged with: Medical NegligenceRead More »
Attorneys – Attorney-Client Relationship – Conflict of Interest – Severance Contract – No Independent Review
Stillwagon v. Innsbrook Golf & Marina, LLC (Lawyers Weekly No. 14-02-0875, 15 pp.) (James Dever III, Ch. J.) 2:13-cv-00018; E.D.N.C. Holding: Despite plaintiff’s contention that he had a business, rather than an attorney-client, relationship with defendants, since plaintiff provided legal ...
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Red Fox Future, LLC v. Holbrooks (Lawyers Weekly No. 14-15-0874, 15 pp.) (Louis Bledsoe III, J.) 2014 NCBC 42 Holding: Even though the court granted summary judgment for defendants on plaintiffs’ fraud and unfair trade practices claims, defendants have not ...Read More »
Weisman v. Blue Mountain Organics Distribution, LLC (Lawyers Weekly No. 14-15-0873, 13 pp.) (James Gale, J.) 2014 NCBC 41 Holding: Plaintiff is a North Carolina resident whose former North Carolina lawsuit ended with a settlement giving her a promissory note ...
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Safety Test & Equipment Co. v. American Safety Utility Corp. (Lawyers Weekly No. 14-15-0872, 7 pp.) (James Gale, J.) 2014 NCBC 40 Holding: The court adopts a burden-shifting analysis for determining whether an attorney-client privilege has been waived; in this ...
Tagged with: Attorney-Client PrivilegeRead More »