http://nclawyersweekly.com Wed, 19 Jun 2013 20:42:08 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/06/19/civil-practice-appeals-interlocutory-joinder-of-necessary-parties-motion-denied/ http://nclawyersweekly.com/2013/06/19/civil-practice-appeals-interlocutory-joinder-of-necessary-parties-motion-denied/#comments Wed, 19 Jun 2013 19:46:34 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=74023 Smith v. Lake Bay East, LLC The denial of motions predicated on a plaintiff’s failure to join allegedly necessary parties does not affect a substantial right and is not immediately appealable. Our Supreme Court’s holding in N.C. Department of Transportation v. Stagecoach Village, 360 N.C. 46, 619 S.E.2d 495 (2005) ]]> http://nclawyersweekly.com/2013/06/19/civil-practice-appeals-interlocutory-joinder-of-necessary-parties-motion-denied/feed/ 0 http://nclawyersweekly.com/2013/06/19/civil-practice-foreign-judgment-enforcement-underlying-stipulation/ http://nclawyersweekly.com/2013/06/19/civil-practice-foreign-judgment-enforcement-underlying-stipulation/#comments Wed, 19 Jun 2013 12:29:58 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73996 Lumbermans Financial, LLC v. Poccia An unfiled, unincorporated stipulation formed part of the basis for a $250,000 consent judgment from a bankruptcy court in Michigan. The stipulation’s provision for a subsequent accounting is not enforceable under the Uniform Enforcement of Foreign Judgments Act]]> http://nclawyersweekly.com/2013/06/19/civil-practice-foreign-judgment-enforcement-underlying-stipulation/feed/ 0 http://nclawyersweekly.com/2013/06/12/civil-practice-fcra-unauthorized-access-claim-permissible-purposes/ http://nclawyersweekly.com/2013/06/12/civil-practice-fcra-unauthorized-access-claim-permissible-purposes/#comments Wed, 12 Jun 2013 20:26:26 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73827 King v. Equable Ascent Financial, LLC Plaintiff alleges that defendant obtained plaintiff’s consumer credit report and that he “has never had any business dealings or any accounts with, made application for credit from, made application for employment with, applied for insurance from, or received a bona fide offer of credit from” defendant. However, the complaint is silent as to several permissible purposes for accessing a consumer credit report. In addition, plaintiff has not alleged any facts to support a claim of intentional violation or for actual damages.]]> http://nclawyersweekly.com/2013/06/12/civil-practice-fcra-unauthorized-access-claim-permissible-purposes/feed/ 0 http://nclawyersweekly.com/2013/06/11/civil-practice-voluntary-dismissal-motion-trial-court-ruling-pleadings-motion-to-amend/ http://nclawyersweekly.com/2013/06/11/civil-practice-voluntary-dismissal-motion-trial-court-ruling-pleadings-motion-to-amend/#comments Tue, 11 Jun 2013 13:12:40 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73767 Holmes v. Wake County : While plaintiff mentioned his option of taking a voluntary dismissal several times during the hearing on defendants’ motion to dismiss, he never actually asserted his right to take a voluntary dismissal until after the trial court issued its ruling dismissing plaintiff’s claim.]]> http://nclawyersweekly.com/2013/06/11/civil-practice-voluntary-dismissal-motion-trial-court-ruling-pleadings-motion-to-amend/feed/ 0 http://nclawyersweekly.com/2013/06/06/civil-practice-class-action-certification-denied-unsolicited-faxes/ http://nclawyersweekly.com/2013/06/06/civil-practice-class-action-certification-denied-unsolicited-faxes/#comments Thu, 06 Jun 2013 16:29:07 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73625 Blitz v. Agean, Inc. Plaintiff’s proposed class was not limited to persons who received unsolicited fax advertisements because plaintiff failed to exclude the numerous persons who had asked the defendant-restaurant to fax its menus and other materials. Since plaintiff was the only one of 978 fax recipients who came forward to complain, we agree with the trial court’s findings and conclusions that the “individualized issues concerning whether sent fax advertisements were “unsolicited” predominate[d] over issues of law and fact common to the proposed class members.” ]]> http://nclawyersweekly.com/2013/06/06/civil-practice-class-action-certification-denied-unsolicited-faxes/feed/ 0 http://nclawyersweekly.com/2013/05/31/civil-practice-case-stayed-after-procedural-gamesmanship/ http://nclawyersweekly.com/2013/05/31/civil-practice-case-stayed-after-procedural-gamesmanship/#comments Fri, 31 May 2013 16:38:56 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73504 VRCompliance LLC v. HomeAway Inc. In this dispute over a ski towns association’s use of software to track vacation rentals of private homes to ensure tax compliance, a Virginia federal court did not err in staying suit filed in that court by the software licensor in response to a Texas state court suit filed by a private vacation-rental website; the 4th Circuit says this kind of “procedural gamesmanship” renders it unable to say the district court abused its discretion under either standard governing a decision to stay the case. ]]> http://nclawyersweekly.com/2013/05/31/civil-practice-case-stayed-after-procedural-gamesmanship/feed/ 0 http://nclawyersweekly.com/2013/05/31/civil-practice-new-trial-motion-summary-judgment-real-property-adverse-possession-co-tenant-ouster/ http://nclawyersweekly.com/2013/05/31/civil-practice-new-trial-motion-summary-judgment-real-property-adverse-possession-co-tenant-ouster/#comments Fri, 31 May 2013 15:44:13 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73484 Young v. Young In a verified complaint and sworn affidavit, plaintiff alleged every element to sustain his claim of adverse possession/constructive ouster of his co-tenant, and defendant failed to offer any evidence to the contrary. N.C. R. Civ. P. 59 does not entitle defendant to a second bite at the apple after he stood silent in response to plaintiff’s motion for summary judgment. Defendant has failed to cite any specific abuse of discretion to support his argument that the trial court erred by denying his motion for a new trial.]]> http://nclawyersweekly.com/2013/05/31/civil-practice-new-trial-motion-summary-judgment-real-property-adverse-possession-co-tenant-ouster/feed/ 0 http://nclawyersweekly.com/2013/05/31/civil-practice-discovery-sanctions-court-ordered-schedule-delays-deficiencies/ http://nclawyersweekly.com/2013/05/31/civil-practice-discovery-sanctions-court-ordered-schedule-delays-deficiencies/#comments Fri, 31 May 2013 15:07:08 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73481 BOGNC, LLC v. Cornelius NC Self-Storage LLC Given third-party defendant Allison’s status as sometime-principal and sometime-attorney, the motions and objections to discovery filed by Allison and third-party defendant Stathopoulos were not filed for an improper purpose. ]]> http://nclawyersweekly.com/2013/05/31/civil-practice-discovery-sanctions-court-ordered-schedule-delays-deficiencies/feed/ 0 http://nclawyersweekly.com/2013/05/29/civil-practice-res-judicata-unplead-defense-summary-judgment-no-prejudice-expense-two-dismissal-rule/ http://nclawyersweekly.com/2013/05/29/civil-practice-res-judicata-unplead-defense-summary-judgment-no-prejudice-expense-two-dismissal-rule/#comments Wed, 29 May 2013 20:54:23 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73452 Sasso v. Statesville Flying Service, Inc. Even though defendants failed to plead res judicata in their answers, they did raise the issue in their summary judgment motions. In this situation, the answers are “deemed amended”, and our review is de novo.]]> http://nclawyersweekly.com/2013/05/29/civil-practice-res-judicata-unplead-defense-summary-judgment-no-prejudice-expense-two-dismissal-rule/feed/ 0 http://nclawyersweekly.com/2013/05/29/civil-practice-continuance-standard-of-review-default-judgment-evidence-discovery/ http://nclawyersweekly.com/2013/05/29/civil-practice-continuance-standard-of-review-default-judgment-evidence-discovery/#comments Wed, 29 May 2013 20:23:44 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73437 Consoli v. Global Supply & Logistics, Inc. When a party moves for a continuance, we review the court’s ruling for abuse of discretion. We will review continuances granted by a trial court sua sponte, as occurred here, under the same standard.]]> http://nclawyersweekly.com/2013/05/29/civil-practice-continuance-standard-of-review-default-judgment-evidence-discovery/feed/ 0