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Tag Archives: Foreign Judgment

Civil Practice – Foreign Judgment – Personal Jurisdiction – Defendant’s Burden (access required)

Seal Polymer Industries - BHD v. Med-Express, Inc., USA Plaintiff obtained a judgment against the N.C. defendant in an Illinois court and attached an authenticated copy of the Illinois judgment to its Notice of Filing Foreign Judgment. Defendant failed to rebut the presumption that the judgment is enforceable: defendant merely stated that is was incorporated under N.C. law, had its principal place of business in North Carolina, and had “no minimum contacts with the State of Illinois.” This conclusory statement alone is insufficient to establish the affirmative defense of lack of personal jurisdiction.

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Contract – Cognovits Agreement – Subject-Matter Jurisdiction – Full Faith & Credit – Foreign Judgment (access required)

Gardner v. Tallmadge. (Lawyers Weekly 11-06-0358, 1 p.) (Linda Stephens, J.) Appealed from Rockingham County Superior Court. (L. Todd Burke, J.) On appeal from our Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. ...

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Civil Practice – Statute of Limitations – Foreign Judgment – Revival of Judgment – Summary Judgment (access required)

Mundaca Financial Services LLC v. Casella. (Lawyers Weekly No. 11-16-0296, 7 pp.) (Robert C. Hunter, J.) Appealed from Haywood County Superior Court. (James U. Downs, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The ...

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Contract – Cognovits Agreement – Subject-Matter Jurisdiction – Full Faith & Credit – Foreign Judgment (access required)

Gardner v. Tallmadge. (Lawyers Weekly 10-07-0953, 22 pp.) (Linda Stephens, J.) Appealed from Rockingham County Superior Court (L. Todd Burke, J.). N.C. App. Click here for the full text of the opinion. Holding: Because an underlying cognovits agreement failed to ...

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