By dmc-admin
Published: September 21,2009
Albert v. Cowart. (Lawyers Weekly No. 09-07-0868, 13 pp.) (Wanda G. Bryant, J.) Appealed from Henderson County Superior Court. (Mark E. Powell, J.) N.C. App. Holding: Where the decedent’s signature card said she elected that any joint accounts that she opened with the bank were to have the right of survivorship, the checking account that [...]
By dmc-admin
Published: December 29,2008
Citibank, South Dakota, N.A. v. Bowen. (Lawyers Weekly No. 08-16-1415, 8 pp.) (Robert Hunter, J.) Appealed from Harnett County District Court. (Jacquelyn L. Lee, J.) N.C. App. Unpub. Holding: Even though the plaintiff-bank does not have a place of business in this state, nor is it registered with our Secretary of State, under the National [...]
By dmc-admin
Published: December 15,2008
Ehrenhaus v. Baker. (Lawyers Weekly No. 08-15-1340, 33 pp.) (Albert Diaz, J.) N.C. Bus. Ct. Holding: With the U.S. government prepared to liquidate its assets, and with no more attractive offers, Wachovia’s board of directors did not breach its fiduciary duty to shareholders when it accepted a merger offer that granted Wells Fargo voting power [...]
By dmc-admin
Published: May 26,2008
Saunders v. Branch Banking & Trust Co. of Va. (Lawyers Weekly No. 08-01-0612, 17 pp.) (Motz, J.) No. 07-1108, May 14, 2008; USDC at Richmond, Va. (Dohnal, J.) 4th Cir. Holding: A bank that admitted it made “accounting errors” in repeatedly telling a borrower he had a zero balance on an auto loan, and then [...]
By dmc-admin
Published: November 5,2007
FDIC v. Bakkebo. (Lawyers Weekly No. 07-01-1245, 18 pp.) (King, J.) No. 05-2175, Oct. 25, 2007; USDC at Bluefield, W.Va. (Faber, J.) 4th Cir. The Federal Deposit Insurance Corporation, as receiver for the First National Bank of Keystone, has its $161 million judgment affirmed against a defendant for fraud and conspiracy to commit fraud by [...]
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State v. Squires When a state trooper saw a pickup truck on the side of the road after midnight and stopped to see if any assistance was needed, he was not required to leave after a person outside the truck told him everything was okay. The trooper did not impermissibly extend the stop when he checked on the driver of the vehicle.
State v. Rouse Even though, in his opening and closing statements, defense counsel referred to the arresting officers as “very good officers,” counsel did so in the context of arguing that everyone makes mistakes. Counsel could have reasonably made a tactical decision to refrain from challenging the officers’ general professionalism and competence, while still encouraging the jury to find that the officers arrested defendant on May 23, 2010 as a result of their inadvertent mistakes.
Robinson v. North Carolina Department of Correction Where plaintiff testified that, all the way around his wrist, there were “teeth marks” from too-tight handcuffs and that his wrist was bruised and swollen, but where a drawing plaintiff made to document his injuries indicated that only his left finger and thumb were swollen with no indication of bruising, discoloration, a cut or “teeth marks” laterally around his wrist, the evidence supports the Industrial Commission’s finding that plaintiff’s drawing was inconsistent with his testimony regarding his injuries.
Pickney v. Department of Transportation Even though the parties’ settlement agreement provided that plaintiff could “request a job reallocation or pay grade increase” and that defendant would “cooperate with such a request,” the settlement agreement did not provide plaintiff with any guarantee that he would actually receive a job reallocation or pay grade increase upon request. Even if plaintiff proved that defendant breached the settlement agreement by failing to cooperate with his request for a second job reallocation, plaintiff’s evidence provided no basis upon which the trial court could have properly calculated damages.
