North Carolina Lawyers Weekly

In its third-party complaint, the third-party plaintiff-contractor specifically referenced its settlement agreement with plaintiff WFP, LLC, when the contractor alleged that the third-party defendant-architects’ actions “compel[led the contractor] to accept [an] unfair and unfavorable settlement with WFP”; furthermore, the contractor ...

Tagged with: Contract

The defendant-store’s staff suspected plaintiff, a pregnant African-American woman, of shoplifting, and the staff asked an off-duty police officer, who was also shopping in the store, to speak with plaintiff. Plaintiff voluntarily showed her stomach to the officer, demonstrating that ...

Tagged with: Civil Rights

The shareholder agreement for four physicians’ cardiology practice set out a method for valuing shares if a shareholder decided to leave the practice. When plaintiff decided to leave the practice, the remaining three shareholders followed that valuation method, and plaintiff’s ...

Tagged with: Corporate

Plaintiff alleges that a “do not resuscitate” (DNR) order was mistakenly placed in the medical records of plaintiff’s decedent, leading the defendant-hospital’s staff to allow the decedent to die without intervention when he suffered a cardiopulmonary episode while in the ...

Tagged with: Tort/Negligence

Where (1) multiple officers saw that plaintiff’s decedent, Keith Scott, was armed as he sat in his SUV in an apartment complex parking lot; (2) Scott ignored an officer’s commands to put his hands up as officers approached his SUV; ...

Tagged with: Tort/Negligence

In a case of first impression, we consider the duty of a defendant-hotel to respond to a guest’s room upon receiving noise complaints indicating that the guest was potentially in need of aid or protection. The guest staying immediately below ...

Tagged with: Tort/Negligence

Although defendants contend plaintiffs wrongfully made capital calls – which plaintiffs contend resulted in the diminution of defendants’ interest in several entities when defendants failed to pay – defendants’ allegations and the remedy they seek sound in contract, not in ...

Tagged with: Contract

Plaintiff claims that its scientist’s notes are trade secrets. However, the scientist left her notebook on her desk at home, where her ex-husband/competitor came to drop off their children. Plaintiff did not take reasonable steps to guard the scientist’s notes, ...

Tagged with: Tort-Negligence

  Judge Allison Riggs has been formally invested as judge of the North Carolina Court of Appeals.  She was sworn in during a ceremony in the Court of Appeals courtroom on Thursday, Feb. 9, according to a news release.  Attendees ...

Tagged with: North Carolina Court of Appeals

The defendant-supervising surgeon told others that the plaintiff-surgical fellow had started a patient’s unnecessary heart surgery because plaintiff had “misread” an echocardiogram. Since plaintiff never read the echocardiogram, and since the issue of whether she had a duty to read ...

Tagged with: Tort/Negligence