Plasman v. Decca Furniture (USA), Inc. (Lawyers Weekly No. 15-15-0854, 10 pp.) (Louis Bledsoe III, J.) 2015 NCBC 83 Holding: Plaintiff was not entitled to an immediate appeal of this court’s 2015 order compelling plaintiff to comply with a 2013 ...Read More »
Civil Practice – Collateral Estoppel – Identity of Parties – Lassiter Exception – Condos & Townhomes
Lancaster v. Harold K. Jordan & Co. (Lawyers Weekly No. 15-07-0850, 17 pp.) (Douglas McCullough, J.) Appealed from New Hanover County Superior Court (John Jolly Jr., J.) N.C. App. Holding: Plaintiffs are collaterally estopped from litigating essentially the same claims ...
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Civil Practice – Attorneys’ Fee Award – Punitive Damages Claim – Frivolous & Malicious – Apportionment
Philips v. Pitt County Memorial Hospital, Inc. (Lawyers Weekly No. 15-07-0823, 7 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Richard Doughton, J.) N.C. App. Holding: In support of his claim for punitive damages, plaintiff incorporated by reference ...
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Civil Practice – Statute of Limitations – Tort/Negligence – Fraud – Discovery Rule – Inquiry Notice – Sexual Abuse by Priest
Doe 1K v. Roman Catholic Diocese of Charlotte, NC (Lawyers Weekly No. 15-07-0808, 14 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (W. Robert Bell, J.) N.C. App. Holding: Plaintiff alleges that he was molested by a priest ...Read More »
Civil Practice – Necessary Parties – Contract – Franchises – Draft Settlement Agreement – Trust Deposit
Window World of St. Louis, Inc. v. Window World, Inc. (Lawyers Weekly No. 15-15-0804, 11 pp.) (Louis Bledsoe III, J.) 2015 NCBC 77 Holding: Plaintiffs Lomax and Gillette (the Lomax/Gillette plaintiffs) and another franchisee of defendants (the Roland plaintiffs) negotiated ...Read More »
Gentry v. N.C. Department of Health & Human Services (Lawyers Weekly No. 15-07-0765, 10 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: Plaintiff’s third complaint, as well as his first two voluntarily dismissed complaints, arose from ...Read More »
Civil Practice — Default Judgment – Service of Process – Corporate – Secretary of State – Registered Office
Builders Mutual Insurance Co. v. Doug Besaw Enterprises (Lawyers Weekly No. 15-07-0721, 11 pp.) (Wanda Bryant, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Holding: In serving process on defendant, the Secretary of State skipped the ...Read More »
CVLR Performance Horses Inc. v. Wynne (Lawyers Weekly No. 15-01-0707, 17 pp.) (Diaz, J.) No. 14-1021, July 9, 2015; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: Two investors who allege they were victims of defendant’s fraudulent financial schemes ...Read More »
Southeast Air Charter, Inc. v. Stroud (Lawyers Weekly No. 15-15-0715, 18 pp.) (James Gale, C.J.) 2015 NCBC 66 Holding: Plaintiff’s Rule 30(b)(6) deponent admitted that the moving defendants were “run of the mill” employees; accordingly, plaintiff lacked an adequate factual ...Read More »