North Carolina Lawyers Weekly

Even though the indictment’s spelling of defendant’s middle name was off by one letter (the sixth letter should have been a “u” instead of a “w”), and even though the unnecessary allegations of defendant’s race and date of birth were ...

Tagged with: Constitutional

The trial court’s findings regarding defendant’s excessive speed (80 in a 65-mph zone), his abrupt unsafe movement almost resulting in a collision with another vehicle, the alcohol on his breath, the two positive readings on the portable alcohol screening test, ...

Tagged with: dwi

The indictment alleged that defendant had obtained property by false pretense and committed insurance fraud by setting fire to her own house and then filing an insurance claim. The state presented evidence of not only this false pretense but also ...

Tagged with: Fatal Indictment

Reading G.S. § 47C-3-113 and the parties’ condominium declaration together, the court concludes that the condominium property owners’ association is required to buy flood insurance for its buildings that lie in a flood plain when such insurance is reasonably available. ...

Tagged with: Flood Insurance

Although a panel of this court recently held that a trial court did not need to consider all of the G.S. § 7B-2501(c) factors when entering a dispositional order, we follow prior precedent and hold that the trial court erred ...

Tagged with: juvenile

In this lawsuit arising from a failed business venture, plaintiff’s claim of breach of fiduciary duty fails because the parties’ purported partnership was subsumed into their limited liability company. The parties’ cross-motions for summary judgment are granted in part and ...

Tagged with: Labor & Employment

Where the defendant-town did not plead governmental immunity as an affirmative defense or move to dismiss on this basis, the trial court erred when it relied solely or primarily on governmental immunity to grant the town’s motion for a directed ...

Tagged with: Labor & Employment

Once plaintiff presented evidence that her decedent was injuriously exposed to asbestos in his job for defendant, the burden shifted to defendant to produce some evidence of a subsequent exposure. Shifting the burden of production does not shift the burden ...

Tagged with: asbestos

Even though the three clinical studies presented by defendants were published four and five years after plaintiff’s treatment, since the studies show that the results of “standard treatment” and the treatment method proposed by plaintiff are about the same, the ...

Tagged with: Medical Malpractice

Normally, fraud claims may not be based on promises of future intent; however, in this case, plaintiff has alleged that, when defendant Rives promised not to dispose of the nominal defendant-corporation’s assets without plaintiff’s consent, Rives had already taken steps ...

Tagged with: Fraud