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Tag Archives: Motion to Dismiss

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Attorneys-Tort/Negligence – FTCA – False Claims Act – Whistleblower Statutes – Administrative Claim – Civil Practice – Standing (access required)

Greene v. United States Department of Justice (Lawyers Weekly No. 14-02-0922, 12 pp.) (James Fox, Sr. J.) 5:14-cv-00246; E.D.N.C. Holding: Plaintiff maintains that she reasonably relied on the U.S. government to prosecute her case with due care and that the ...

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Real Property – Inverse Condemnation – Municipal – Governmental Immunity – Storm Drainage Maintenance – Flooding (access required)

Bell v. City of New Bern (Lawyers Weekly No. 14-16-0430, 16 pp.) (Martha Geer, J.) Appealed from Craven County Superior Court (Benjamin Alford, J.) N.C. App. Unpub. Holding: Because municipalities are not performing governmental acts when maintaining storm drains, governmental ...

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Civil Practice – Judges – Motions to Dismiss – Same Grounds – Necessary Party – Timely Joinder – Real Property – Lien (access required)

Homeshield Vinyl Siding & Windows, Inc. v. Parker & Orleans Homebuilders, Inc. Even though Judge Hobgood denied a motion to dismiss brought under N.C. R. Civ. P. 12(b)(6) and Judge Hight later granted a motion to dismiss under Rule 12(b)(7), the basis for both motions was defendants’ argument that plaintiff failed to timely join a necessary party.

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