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Tort/Negligence – Product Liability – Wrongful Death – Design Defect & Failure to Warn – Manufacturer’s Instructions – Hyperbaric Chamber – NIED (access required)

Sparks v. Oxy-Health, LLC (Lawyers Weekly No. 15-02-0933, 55 pp.) (Louise Flanagan, J.) 5:13-cv-00649; E.D.N.C. Holding: Where the decedent’s family members never even read the reference manual for the hyperbaric chamber in which their decedent died, and where they failed ...

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Tort/Negligence – Wrongful Death – Municipal – Sovereign Immunity – Christmas Parade – Insurance – Street Maintenance – Restaurant Lighting (access required)

Parker v. Town of Erwin (Lawyers Weekly No. 15-07-0885, 50 pp.) (Linda McGee, C.J.) Appealed from Harnett County Superior Court (Thomas Lock, J.) N.C. App. Holding: Although plaintiffs’ minor decedent was killed by a driver who was leaving the defendant-town’s ...

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Tort/Negligence – Fraud & RICO – Attorneys – Mesothelioma Settlements – Civil Practice – Statute of Limitations (access required)

Garlock Sealing Technologies, LLC v. Simon Greenstone Panatier Bartlett, P.C. (Lawyers Weekly No. 15-04-0874, 10 pp.) (Graham Mullen, J.) 3:14-cv-00116; W.D.N.C. Holding: Plaintiffs’ complaint alleges that, in settling their clients’ mesothelioma claims with plaintiff Garlock Sealing Technologies, the defendant-attorneys knowingly ...

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Tort/Negligence – Fraud – Unfair Trade Practices – Negligent Misrepresentation – Civil Practice – Pleading with Particularity (access required)

Topshelf Management, Inc. v. Campbell-Ewald Co. (Lawyers Weekly No. 15-03-0841, 21 pp.) (Thomas Schroeder, J.) 1:14-cv-01013; M.D.N.C. Holding: Since plaintiff’s unfair trade practices claim is based on its fraud claim, the unfair trade practices claim must be pleaded with particularity, ...

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