North Carolina Lawyers Weekly

A negligent misrepresentation claim arising from pre-contractual conduct was not barred by the economic loss rule. We deny defendants’ motion to partially dismiss plaintiffs’ complaint. Plaintiffs invested in defendant corporation, based on the representation that the company would use investor ...

Dual representation of a corporation and its directors in a shareholder derivative action was permissible where shareholders had not alleged serious misconduct by the directors, such as theft, fraud, or self-dealing. We deny plaintiffs’ motion to disqualify counsel from dual ...

Defendants were granted leave to assert new counterclaims and an affirmative defense that defendants first discovered after deposing plaintiff’s representative and then briefly but reasonably investigating the statements made in that deposition. We grant defendants’ motion for leave to amend ...

In the latest of several lawsuits among neighbors in a subdivision, defendants assert an abuse of process counterclaim. The elements of an abuse of process claim are (1) that the defendant had an ulterior motive to achieve a collateral purpose ...

Although the third-party defendants (Movants) are under grand jury investigation, since they have not been indicted, the degree of overlap between the civil and criminal cases against them is speculative. Plaintiffs have shown that Movant Brasser’s testimony is relevant to ...

The respondent-intervenor medical practice obtained a certificate of need for a fixed extremity MRI scanner as part of a demonstration project. Within one year after the respondent-agency declared the project at an end, the practice applied for a change to ...

Gov. Roy Cooper has appointed Frederick B. Adams II to serve as a district court judge in Judicial District 21, serving Forsyth County. Adams, who had been in private practice, will fill the vacant seat formerly held by Judge Lisa ...

The state presented evidence that (1) knowing he would test positive for marijuana and cocaine, defendant left the probation office without providing a requested sample; (2) thereafter, defendant’s probation officer twice visited d The state presented evidence that (1) knowing ...

Our review of the record shows competent evidence to support the trial court’s denial of defendant’s motion to suppress the fruits of the search of his home. The circumstances of the search reflect that defendant was aware of and cooperating ...

Upon review of defendant’s prior record level worksheet, it appears that either (1) the trial court counted one or more of defendant’s prior felonies that were used to establish his habitual felon status or (2) the trial court used an ...