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Civil Practice – Federal Jurisdiction – Removal – Landlord/Tenant – Real Property – Mortgages – Foreclosure (access required)

Kennedy v. Federal National Mortgage Association (Lawyers Weekly No. 14-02-0798, 12 pp.) (James Fox, Sr. J.) 4:13-cv-00203; E.D.N.C. Holding: Even though the complaint alleges in passing that the new owner of the plaintiff-tenant’s home did not comply with the Protecting ...

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Civil Practice – Pleadings – Amendment – Tort/Negligence – Sovereign Immunity – Waiver Allegation – Statute of Limitations – Relation Back – Individual Capacity (access required)

Brooks v. Martin (Lawyers Weekly No. 14-16-0776, 13 pp.) (Mark Davis, J.) Appealed from Harnett County Superior Court (Douglas Sasser, J.) N.C. App. Unpub. Holding: Where plaintiff waited until nearly three years after her accident before filing a complaint, and ...

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Civil Practice – Judgments – Set Off – Arbitration Award – Settlement – Home Construction – Subcontractors (access required)

Jacokes v. APM Builders, Inc. (Lawyers Weekly No. 14-16-0774, 11 pp.) (Ann Marie Calabria, J.) Appealed from Pender County Superior Court (Paul Jones, J.) N.C. App. Unpub. Holding: Plaintiff’s arbitration award against the defendant-contractor took into account the same damages ...

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Civil Practice – Discovery Sanctions – Contempt – Judges – Subject Matter Jurisdiction – Domestic Relations – Tort/Negligence – Alienation of Affections (access required)

Keesee v. Hamilton (Lawyers Weekly No. 14-07-0755, 18 pp.) (Mark Davis, J.) Appealed from Brunswick County Superior Court (W. Russell Duke Jr., J.) N.C. App. Holding: When the trial court held plaintiff in contempt, the court made all the findings ...

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Civil Practice – Failure to State a Claim – Debt Collection Act – Agency Act – Fair Debt Collection Practices Act – Unfair or Deceptive Trade Practices (access required)

Fritz v. Duke Energy Carolinas, LLC (Lawyers Weekly No. 14-02-0718, 8 pp.) (James C. Denver, J.) 5:13-cv-00724; E.D.N.C.   Holding: The court grants Duke Energy’s motion to dismiss it as a defendant finding that the plaintiff failed to state a ...

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