In re Braxton (Lawyers Weekly No. 14-05-0837, 24 pp.) (Randy Doub, J.) 09-08876-8; E.B.N.C. Holding: By producing a witness who was ignorant of the matters to be covered in the Rule 2004 examination, the creditor forced the trustee to file ...Read More »
Civil Practice – Venue – First-Filed Rule – Race to the Courthouse – Transfer – Intellectual Property
T2 Products, LLC v. Advantus Corp. (Lawyers Weekly No. 14-04-0836, 8 pp.) (Graham Mullen, J.) 3:14-cv-00193; W.D.N.C. Holding: Even though plaintiff filed its complaint here before defendant filed its complaint in Florida, (1) plaintiff was on notice that defendant intended ...
Tagged with: first-to-file ruleRead More »
Veteran Constructors, Inc. v. Beeler Barney & Associates Masonry Contractors, Inc. (Lawyers Weekly No. 14-02-0830, 8 pp.) (James Fox, Sr. J.) 2:13-cv-00064; E.D.N.C. Holding: In its answer in one of these two consolidated Miller Act lawsuits, subcontractor Beeler Barney and ...Read More »
Justice v. Mayes (Lawyers Weekly No. 14-16-0825, 12 pp.) (Sam Ervin IV, J.) Appealed from McDowell County Superior Court (Gary Gavenus, J.) N.C. App. Unpub. Holding: Plaintiff’s complaint only stated a claim for malicious prosecution, but defendant failed to respond ...Read More »
Civil Practice – Service of Process – Contract – Guaranty – Real Property – Mortgages – Foreclosure – Deficiency Action – Actual Notice
HomeTrust Bank v. Tsiros (Lawyers Weekly No. 14-16-0824, 15 pp.) (Douglas McCullough, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Unpub. Holding: The plaintiff-bank failed to properly serve defendant-guarantor George Tsiros personally with notice of the ...Read More »
EQT Production Co. v. Adair (Lawyers Weekly No. 14-01-0812, 56 pp.) (Diaz, J.) No. 13-414(L), Aug. 19, 2014; USDC at Abingdon, Va. (Jones, J.) 4th Cir. Holding: A district court abused its discretion when it certified five related class action ...Read More »
Civil Practice – Federal Jurisdiction – Removal – Landlord/Tenant – Real Property – Mortgages – Foreclosure
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 ...
Tagged with: Federal JurisdictionRead More »
Okafor v. Okafor (Lawyers Weekly No. 14-16-0783, 14 pp.) (Robert N. Hunter Jr., J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) N.C. App. Unpub. Holding: Once plaintiffs agreed to accept money damages to settle their claims that ...
Tagged with: Election of RemediesRead More »
Civil Practice – Pleadings – Amendment – Tort/Negligence – Sovereign Immunity – Waiver Allegation – Statute of Limitations – Relation Back – Individual Capacity
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 ...
Tagged with: Waiver AllegationRead More »