Hayes v. Self-Help Credit Union (Lawyers Weekly No. 14-03-0835, 26 pp.) (Catherine Eagles, J.) 1:13-cv-00880; M.D.N.C. Holding: In support of her abuse of process claim, plaintiff alleges that her lender and its servicing agent had the ulterior purpose of obtaining ...Read More »
Tort/Negligence – Gross Negligence Claim – Conscious Disregard – Insufficient Allegations – NJROTC – Obstacle Course Fall
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 ...Read More »
Tort/Negligence – Nursing Home Deaths – Ordinary Negligence Claims – Emotional Distress – Civil Practice – Personal Jurisdiction
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 ...Read More »
Tort/Negligence – Tortious Interference with Contract – Labor & Employment – Covenants Not to Compete
Allegis Group, Inc. v. Zachary Piper LLC (Lawyers Weekly No. 14-15-0790, 24 pp.) (James Gale, J.) 2014 NCBC 37 Holding: There are genuine issues of material fact as to whether defendant Jordan, one of plaintiffs’ former executives, tortiously induced other ...
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Tort/Negligence – Medical Malpractice – Rule 9(j) – Summary Judgment – Expert’s Deposition – P.A.’s Negligence
Wright v. Atlantic Orthopedics, P.A. (Lawyers Weekly No. 14-16-0788, 14 pp.) (Wanda Bryant, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Unpub. Holding: Where plaintiffs sued the defendant-medical practice on the basis of ...
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Tort/Negligence – Malicious Prosecution – SBI Agents – Intentional Infliction of Emotional Distress – Murder Charge
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
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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