http://nclawyersweekly.com Fri, 17 May 2013 21:09:12 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2012/12/28/civil-practice-real-party-in-interest-real-property-taxation-county-commission/ http://nclawyersweekly.com/2012/12/28/civil-practice-real-party-in-interest-real-property-taxation-county-commission/#comments Fri, 28 Dec 2012 18:56:32 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=69137 Broughton v. County Commission Since plaintiff was challenging the valuation of her Wake County real property for tax purposes, the county was the proper defendant.]]> http://nclawyersweekly.com/2012/12/28/civil-practice-real-party-in-interest-real-property-taxation-county-commission/feed/ 0 http://nclawyersweekly.com/2012/07/12/civil-practice-joinder-counterclaims-current-party-first-impression-real-party-in-interest-corporate/ http://nclawyersweekly.com/2012/07/12/civil-practice-joinder-counterclaims-current-party-first-impression-real-party-in-interest-corporate/#comments Thu, 12 Jul 2012 13:31:35 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=63968 Nelson v. Alliance Hospitality Management, LLC A plaintiff cannot compel one defendant to join in another defendant’s counterclaim. Motion denied. Plaintiff cites no case, and the court has found none, in which an N.C. court has compelled a party already present in a lawsuit to join additional claims or counterclaims.]]> http://nclawyersweekly.com/2012/07/12/civil-practice-joinder-counterclaims-current-party-first-impression-real-party-in-interest-corporate/feed/ 0 http://nclawyersweekly.com/2012/03/19/corporate-merger-%e2%80%93-civil-practice-%e2%80%93-pleadings-amendment-%e2%80%93-relation-back-%e2%80%93-real-party-in-interest-%e2%80%93-intellectual-property-%e2%80%93-patent-application/ http://nclawyersweekly.com/2012/03/19/corporate-merger-%e2%80%93-civil-practice-%e2%80%93-pleadings-amendment-%e2%80%93-relation-back-%e2%80%93-real-party-in-interest-%e2%80%93-intellectual-property-%e2%80%93-patent-application/#comments Mon, 19 Mar 2012 17:21:58 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=61093 Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The Nevada corporation did not file a professional negligence action within the statute of limitations, and an amendment to its pleadings now would not relate back to the filing of this action.]]> http://nclawyersweekly.com/2012/03/19/corporate-merger-%e2%80%93-civil-practice-%e2%80%93-pleadings-amendment-%e2%80%93-relation-back-%e2%80%93-real-party-in-interest-%e2%80%93-intellectual-property-%e2%80%93-patent-application/feed/ 0 http://nclawyersweekly.com/2010/11/02/contract-civil-practice-real-party-in-interest-corporate-owner-stipulation-evidence-photographs-illustrative-to-substantive/ http://nclawyersweekly.com/2010/11/02/contract-civil-practice-real-party-in-interest-corporate-owner-stipulation-evidence-photographs-illustrative-to-substantive/#comments Tue, 02 Nov 2010 14:32:24 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=52570 Accelerated Framing, Inc. v. Eagle Ridge Builders, Inc.. Although defendant contends on appeal that its contract was signed by David Gentry (president and owner of the plaintiff-corporation) in his individual capacity, at trial defendant stipulated that the contract was between the corporate parties. Even though subject matter jurisdiction cannot be waived, a real party in interest can ratify an action by stipulation. We affirm judgment for plaintiff. ]]> http://nclawyersweekly.com/2010/11/02/contract-civil-practice-real-party-in-interest-corporate-owner-stipulation-evidence-photographs-illustrative-to-substantive/feed/ 0 http://nclawyersweekly.com/2010/09/15/contract-corporate-civil-practice-real-party-in-interest-tortnegligence-summer-camps/ http://nclawyersweekly.com/2010/09/15/contract-corporate-civil-practice-real-party-in-interest-tortnegligence-summer-camps/#comments Wed, 15 Sep 2010 14:36:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=51614 http://nclawyersweekly.com/2010/09/15/contract-corporate-civil-practice-real-party-in-interest-tortnegligence-summer-camps/feed/ 0