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Tort/Negligence – Fraud – Civil Practice – Statute of Limitations – Discovery Rule – Due Diligence – Duty to Read Contract – Fiduciary Relationship – Religious Faith (access required)

Cebula v. Givens Estates, Inc. (Lawyers Weekly No. 14-16-0694, 18 pp.) (Sam Ervin IV, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Unpub. Holding: Where (1) defendant’s employee allegedly made a false representation about the refundability ...

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Tort/Negligence – Wrongful Death – Volunteer – Inherently Dangerous Activity Claim – Removing Tree Limb – Contributory Negligence (access required)

McKinney v. Greater Gethsemane African Methodist Episcopal Zion Church of Charlotte, N.C., Inc. (Lawyers Weekly No. 14-16-0688, 11 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: Plaintiffs failed to show that ...

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Tort/Negligence – Breach of Fiduciary Duty Claim – Banks & Banking – Real Property – Mortgages – Foreclosure – Right of Redemption (access required)

Lynn v. Federal National Mortgage Association (Lawyers Weekly No. 14-07-0660, 12 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: A debtor’s attempt to act upon the statutorily created right ...

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Tort/Negligence – Professional Malpractice Claim – Standard of Care – Insufficient Showing – Municipal Water System – Pressure Level (access required)

Frankenmuth Insurance v. City of Hickory (Lawyers Weekly No. 14-07-0653, 13 pp.) (Robert C. Hunter, J.) Appealed from Catawba County Superior Court (Timothy Kincaid, J.) N.C. App. Holding: Since plaintiff claimed that the defendant-city failed to prevent excessive pressures in ...

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Tort/Negligence – Fraud Claim – Intellectual Property – Trademark License – Unfair Trade Practices Claim – Contract – Asset Purchase Agreement (access required)

Gottfried v. Covington (Lawyers Weekly No. 14-15-0646, 12 pp.) (Calvin Murphy, J.) 2014 NCBC 26 Holding: The facts alleged in the complaint simply describe two parties bound to each other under the terms of a contract negotiated at arm’s length, ...

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