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Tort/Negligence — Civil Practice – Statute of Limitations – Equitable Estoppel – Motion to Dismiss & Summary Judgment (access required)

Hance v. First-Citizens Bank & Trust Co. (Lawyers Weekly No. 15-16-0694, 14 pp.) (Martha Geer, J.) Appealed from Union County Superior Court (Christopher Bragg & Joseph Crosswhite, JJ.) N.C. App. Unpub. Holding: Most of plaintiff’s claims were dismissed on defendants’ ...

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Tort/Negligence — Breach of Fiduciary Duty – Corporate – Minority Shareholders – Civil Practice – Notice – Email – Right to Jury Trial (access required)

Thomas v. McMahon (Lawyers Weekly No. 15-15-0713, 23 pp.) (Louis Bledsoe III, J.) 2015 NCBC 64 Holding: Where defendant McMahon (1) owns 80 percent of the shares of the parties’ corporation, Winforge, Inc.; (2) exercised total control over the management ...

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Tort/Negligence — Malicious Prosecution – Malice – Lack of Probable Cause – Conclusory Allegations – Municipal – Labor & Employment (access required)

Richmond v. City of Asheville (Lawyers Weekly No. 15-16-0699, 15 pp.) (Linda Stephens, J.) Appealed from Buncombe County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: Plaintiff’s conclusory assertion – that, since she had opposed higher pay for those ...

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Tort/Negligence — Presumption against Preemption – VSTAA – APHIS Proclamation – Cattle Vaccine (access required)

Franklin Livestock, Inc. v. Boehringer Ingelheim Vetmedica, Inc. (Lawyers Weekly No. 15-02-0654, 9 pp.) (Terrence Boyle, J.) 5:15-cv-00063; E.D.N.C. Holding: Where the Viruses, Serums, Toxins, and Anti-Toxins Act provides no federal remedy, there is a strong presumption against federal preemption ...

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