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Highlights of this week’s opinion digests: Dec. 23, 2010

First impression   The N.C. Supreme Court decides that judicial estoppel trumps the statute of frauds in Powell v. City of Newton, a case in which a litigant agreed to settle by quitclaiming his interest in land in exchange for money. Although the litigant later refused to sign the deed, his statements to the trial [...]

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Highlights of this week’s opinion digests: Dec. 10, 2010

The N.C. Court of Appeals issued these cases of first impression:   In the search and seizure case of State v. Baker, the Court of Appeals lays out the standard of review that applies to the denial of a motion to suppress when the trial court fails to make findings of fact and conclusions of [...]

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Highlights of this week’s opinion digests: Nov. 19, 2010

The N.C. Court of Appeals issued two first-impression decisions this week:   The statute which tolls the statute of limitations for military personnel while they are on active duty not only allows military personnel more time to file personal-injury claims against others, but it also gives others, like the plaintiff in Beaver v. Fountain, more [...]

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Highlights of this week’s opinion digests

First impression These are all N.C. Court of Appeals decisions. Construing a revised G.S. § 7A-305 for the first time, the Court of Appeals continues to read the statute along with G.S. § 7A-314. Expert witness fees are included in costs in Jarrell v. Charlotte-Mecklenburg Hospital Authority because the experts were subpoenaed. Although the subpoenas [...]

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