North Carolina Lawyers Weekly

No 'good faith' requirement over offer amount

Lawyers who retire from the practice of law would still be able to handle pro bono cases under a bill filed April 16 in the General Assembly. House Bill 1487, titled “Pro Bono Emeritus Lawyers,” would allow attorneys to reap ...

Economic Loss Rule Did Not Bar Negligence Action

A Winston-Salem lawyer whose partner was disbarred for misappropriating more than $2.5 million in client funds was shielded from individual civil exposure by the Limited Liability Company Act, the Court of Appeals ruled April 17. This is so, the court ...

The Appeals Court has dismissed yet another case for an alleged defect in the certificate of service. The April 17 decision in Blevins d/b/a Rainbow Recycling v. Town Of West Jefferson (North Carolina Lawyers Weekly No. 07-07-0490, 13 pages) illustrates ...

Where the lawyer for a criminal defendant had also previously represented a key witness for the prosecution, there was a clear conflict of interest, the Court of Appeals ruled April 3. But the conflict wasn’t fatal, the court held, because ...

A doctor who had practiced only in large hospitals did not qualify as an expert in a medical malpractice trial in Goldsboro, the Court of Appeals ruled April 3. The doctor hadn’t shown sufficient familiarity with smaller communities like Goldsboro ...

Appellate courts routinely invite parties who question the fairness of a particular law to take it up with the General Assembly. Lawmakers have apparently been paying attention. Two bills introduced in the legislature are expressly aimed at overturning several appellate ...

Even though a Rowan County couple agreed to take their Kannapolis property off the market for 30 days while potential buyers tried to sell their own home, the couple did not have the right to keep the earnest money when ...

He alleged he couldn't read form, was not warned of risks