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Tort/Negligence — Constructive Trust – No Fiduciary Duty – Civil Practice – Statute of Limitations – Negligence & Negligent Misrepresentation – Discovery Rule (access required)

Trana Discovery, Inc. v. Southern Research Institute (Lawyers Weekly No. 14-02-1018, 17 pp.) (James Fox, Sr. J.) 5:13-cv-00848; E.D.N.C. Holding: Both parties were sophisticated business entities with a great deal of technical knowledge; defendant did not hold all the cards, ...

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Tort/Negligence — Military Vehicles – Toxic Substances – Civil Practice – Diversity Jurisdiction (access required)

Fridia v. Lockheed Martin Corp. (Lawyers Weekly No. 14-02-0951, 5 pp.) (Terrence Boyle, J.) 5:14-cv-00297; E.D.N.C. Holding: Plaintiff alleges that each defendant, both collectively and in the alternative, transported military vehicles under their exclusive custody and control from the Middle ...

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Tort/Negligence-Condo Construction – Civil Practice – Statutes of Limitations & Repose – Breach of Fiduciary Duty (access required)

Trillium Ridge Condominium Association, Inc. v. Trillium Links & Village, LLC (Lawyers Weekly No. 14-07-0889, 47 pp.) (Sam Ervin IV, J.) (Robert N. Hunter Jr., J., concurring prior to Sept. 6, 2014) Appealed from Jackson County Superior Court (Marvin Pope ...

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Tort/Negligence-Medical Malpractice – Res Ipsa Loquitur – Surgical Sponge – Doctor’s Medications – Collateral Source Rule (access required)

Nicholson v. Thom (Lawyers Weekly No. 14-07-0887, 55 pp.) (Linda Stephens, J.) Appealed from Robeson County Superior Court (Mary Ann Tally, J.) N.C. App. Holding: In this res ipsa loquitur case, plaintiff was not required to produce expert testimony in ...

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Tort/Negligence – Hospital Negligence – Administrative Remedies – Exhaustion Requirement – General Medical Negligence Notice – Res Ipsa Loquitur (access required)

Rudisil v. United States (Lawyers Weekly No. 14-02-0877, 7 pp.) (James Fox, Sr. J.) 5:13-cv-00110; E.D.N.C. Holding: The administrative notice of medical negligence that plaintiff gave the government makes no mention of her hospital negligence claim, which is predicated on ...

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Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties (access required)

Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: After surgical complications confined the plaintiff-patient to a wheelchair, he sought to discover the operative ...

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