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Recent Articles from Paul Tharp
Simple lease dispute requires SC high court’s attention
A simple commercial lease involving a simple mistake led to a simple disagreement. That led all the way to the S.C. Supreme Court in Atlantic Coast Builders and Contractors v. Lewis, where the high court’s justices disagreed over simple appellate procedural rules that ended the case, for now. In a Sept. 26 opinion, the high court majority, applying the “two issue” and “law of the case�[...]
Mother’s attempt at a deed do-over rejected by appeals court
A family battle over a Beaufort “home place” may have ground to a halt after the N.C. Court of Appeals found that a mother was not mistaken when she signed a deed granting her son an interest in her property. The mother, Janice Willis, sought to reform the deed when her son, Edward Willis, died and the interest in the property passed to his two children. Janice Willis argued unsuccessfully [...]
Man could be liable for indirectly transmitting STD to his neighbor
A Chapel Hill man can proceed with an action against his former neighbor for negligently infecting him with a sexually transmitted disease by having an affair with his wife, the Court of Appeals has ruled. It is the first time a North Carolina appellate court has recognized a cause of action for the indirect transmission of a venereal disease. Orange County Superior Court Judge Carl R. Fox dism[...]
Experts debate cost involved in demolition of home’s costly addition
A dispute over the remodeling of a million-dollar Charlotte home, which has pitted neighbor against neighbor and already reached state Court of Appeals once, may come down to a simple bit of algebra: how much demolition, and at what price. But experts who testified for neighbors Pierce and Cindy Irby and the owner of the remodeled home, Elaine Freese, couldn’t agree on how much it would cost [...]
Lender sanctioned for repeated violations of automatic stay
A lender that repeatedly entered a couple's property despite the fact that an automatic stay had been imposed during bankruptcy proceedings has been sanctioned for the violation. The sanction came in In re Sands, a matter in the U.S. Bankruptcy Court for the Middle District of North Carolina. HSBC bank was ordered to pay the Sands' $1,200 in attorney's fees incurred when Winston-Salem attorney Kri[...]
Malicious prosecution could trigger liability for family lawyers
By PAUL THARP, Staff Writer [email protected] An Asheville lawyer may face trial on allegations that she helped her client execute a malicious-prosecution scheme against his then-spouse. The Court of Appeals’ ruling in her case could open the door to more lawsuits against lawyers. In the March 15 first-impression opinion of Chidnese v. Chidnese (Lawyers Weekly No. […]
Push for ban on cell phone use while driving is on
With texting behind the wheel already outlawed in North Carolina for more than a year, two new bills have been introduced in the legislature this year to ban cell phone use while driving. H. 31, titled "An act to make using a mobile phone unlawful while driving a motor vehicle on a public street or highway or public vehicular area," sponsored by Reps. Garland E. Pierce, D-Hoke, and Charles Graham,[...]
HUD awards contracts for N.C. real estate legal counsel
By PAUL THARP, Staff Writer [email protected] The U.S. Department of Housing and Urban Development has awarded contracts to North Carolina counsel to represent it in sales of its residential property inventory in the state. In HUD’s east region, Charlotte attorney R. Dale Fussell, Greensboro-based Donato and Grewal and Winston-Salem’s Jack E. Thornton will represent the [[...]
Class action challenges LPS’ grip on foreclosures
Ever heard of LPS? Many attorneys haven't. But LPS - Lender Processing Services, Inc. - and like business entities exercise more day-to-day control over the conduct of bankruptcy, default and foreclosure cases in North Carolina and beyond than actual "clients." At least that is what several recent lawsuits allege. Shelby-based bankruptcy and foreclosure defense attorney O. Max Gardner III (picture[...]
$2.3 million construction suit remanded to Union County
By PAUL THARP, Staff Writer [email protected] Charlotte attorney James B. Gatehouse said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, “I anticipate that this one will be tried,” Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.). [&h[...]
Reversal sends suit over $2.3 million fee back to Union County
Charlotte attorney James B. Gatehouse of Rayburn Cooper & Durham said he always hopes for an amicable result in litigation, especially in complicated construction matters. That said, "I anticipate that this one will be tried," Gatehouse said of Signature Development, LLC v. Sandler Commercial at Union, LLC (Lawyers Weekly No. 10-07-1057, 33 pp.).
Bojangles’ biscuit maker’s case remanded for findings of fact
The Court of Appeals took up the hefty issue of made-from-scratch biscuits in an unpublished opinion. The verdict? Bojangles' biscuits are made from scratch. But did they cause Ana Garcia's carpal tunnel syndrome? Perhaps, but the commission's findings of fact were insufficient to support that conclusion, so the Court of Appeals remanded the case of Garcia v. Huffbo (Lawyers Weekly No. 10-07-1005,[...]
Top Legal News
- O’Connor paved way for women on high court
- New laws toughen penalties for rioting, power station attacks
- Judge dismisses environmental racism lawsuit
- Former US ambassador arrested in counterintelligence probe
- O’Connor, first woman on US Supreme Court, has died at 93
- Judicial activists subpoena vote splits Judiciary Committee
- Judges block GOP’s election board changes
- Federal judge blocks first TikTok app ban
- Wisconsin unions sue to reverse bargaining limits
- Justices seem doubtful of SEC’s authority
- $120M judgment entered against failed dam’s owner
- Minneapolis stores where Floyd was killed sue city
Commentary
- Name game can end up being blame game
- Stericycle decision forces evaluation of policies, practices
- Are workplace DEI policies still legal after SCOTUS decisions?
- N.C. justices to decide many interesting cases
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
