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Tort/Negligence – Gross Negligence Claim – Conscious Disregard – Insufficient Allegations – NJROTC – Obstacle Course Fall (access required)

Kelly v. United States (Lawyers Weekly No. 14-02-0817, 11 pp.) (Louise Flanagan, J.) 7:10-cv-00172; E.D.N.C. Holding: Plaintiffs claim many “failures” in defendant’s permitting a teenager to climb a 40-foot tower as part of an obstacle course at the end of ...

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Tort/Negligence – Nursing Home Deaths – Ordinary Negligence Claims – Emotional Distress – Civil Practice – Personal Jurisdiction (access required)

Vandevender v. Blue Ridge of Raleigh, LLC (Lawyers Weekly No. 14-02-0816, 9 pp.) (Terrence Boyle, J.) 5:14-cv-00150; E.D.N.C. Holding: In this case involving three deaths at a nursing home, in addition to their professional negligence claims, plaintiffs also claim ordinary ...

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Tort/Negligence – Malicious Prosecution – SBI Agents – Intentional Infliction of Emotional Distress – Murder Charge (access required)

Turner v. Thomas (Lawyers Weekly No. 14-07-0762, 38 pp.) (Martha Geer, J.) Appealed from Forsyth County Superior Court (Stuart Albright, J.) N.C. App. Holding: Even though the defendant-SBI agents did not initiate plaintiff’s murder prosecution, plaintiff’s allegation that the agents ...

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Tort/Negligence – Negligent Misrepresentation – Reliance – Banks & Banking – Real Property – Mortgages – Investment Scheme – Appraisals (access required)

Fazzari v. Infinity Partners, LLC (Lawyers Weekly No. 14-07-0748, 26 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (W. Erwin Spainhour, J.) N.C. App. Holding: The plaintiff-borrowers allege that the defendant-lenders “falsified loan documents and concealed the true ...

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