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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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Civil Practice – Res Judicata – Breach of Contract – Bad Faith – Unfair Trade Practices – Interlocutory Appeal – Insurance (access required)

Bruns v. North Carolina Farm Bureau Mutual Insurance Co. (Lawyers Weekly No. 14-16-0680, 10 pp.) (Sanford Steelman Jr., J.) Appealed from Craven County Superior Court (Jay Hockenbury, J.) N.C. App. Unpub. Holding: Since defendant, Farm Bureau, was dismissed from the ...

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Civil Practice – Pleadings – Motion to Amend – Relation Back – Party Defendant – Distinct Corporate Entities – Statute of Limitations (access required)

Bradley v. Doe (Lawyers Weekly No. 14-16-0678, 14 pp.) (Sam Ervin IV, J.) Appealed from Nash County Superior Court (Quentin Sumner, J.) N.C. App. Unpub. Holding: When plaintiff tried to sue his underinsured motorist carrier after a hit-and-run accident, he ...

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