Harris v. Ballantine (Lawyers Weekly No. 14-16-0823, 12 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (John Craig III, J.) N.C. App. Unpub. Holding: Since the parties forecasted conflicting evidence as to whether the plaintiff-attorney agreed to represent ...Read More »
Attorneys – Contract – Settlement Agreement – Expunction – Misdemeanor Cruelty to Animals – Ineffective Assistance of Counsel Claim
Kyprianides v. Martin (Lawyers Weekly No. 14-16-0685, 8 pp.) (Rick Elmore, J.) Appealed from Hertford County Superior Court (Cy Grant, Sr., J.) N.C. App. Unpub. Holding: As part of a mediated settlement agreement with plaintiff (a former client), the defendant-attorney ...Read More »
Atlantic Coast Conference v. University of Maryland (Lawyers Weekly No. 14-15-0644, 5 pp.) (John Jolly Jr., Ch. J.) N.C. Bus. Ct. Holding: Since Foley & Lardner LLP has attorney-client relationships with at least three current members of plaintiff Atlantic Coast ...Read More »
North Carolina State Bar v. Berman (Lawyers Weekly No. 14-16-0487, 18 pp.) (Ann Marie Calabria, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Unpub. Holding: The defendant-attorney left important information out of a custody complaint and consent order that ...
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Morales v. Garcia (Lawyers Weekly No. 14-16-0486, 10 pp.) (Martha Geer, J.) Appealed from Cabarrus County District Court (D. Brent Cloninger, J.) N.C. App. Unpub. Holding: Where there was evidence that defendant’s insurer made several settlement offers, including before suit ...
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North Carolina State Bar v. Simmons (Lawyers Weekly No. 14-07-0408, 23 pp.) (Robert N. Hunter Jr., J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: No criminal conviction was required before the State Bar could disbar the defendant-attorney for ...Read More »
Walter v. Freeway Foods, Inc. (Lawyers Weekly No. 14-05-0389, 6 pp.) (Catharine Aron, J.) 10-02057; M.B.N.C. Holding: Where the debtor-“client” reasonably believed that Jonathan Waller was an attorney and that its communications with him were privileged, the attorney-client privilege protects ...
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Opsitnick v. Crumpler (Lawyers Weekly No. 14-02-0378, 6 pp.) (James Dever III, J.) 5:13-cv-00835; E.D.N.C. Holding: Plaintiffs’ contract was with J. Allen Crumpler, III, Attorney at Law, PLLC, but plaintiffs have sued Crumpler only in his individual capacity. An authorized ...Read More »