North Carolina Lawyers Weekly

Business purchase agreement not enforceable against purchasers where individual signed in capacity as agent and sellers gave purchasers a counteroffer and rejection, with no further negotiations or signed agreement following. We grant defendants’ motion for partial summary judgment. The parties ...

Plaintiffs’ claims against their treating hospital and auto insurer dismissed where plaintiffs validly assigned their medical coverage payment benefits as a form of “health insurance” as part of their hospital admission forms. We grant defendants’ motion to dismiss for failure ...

  Defendants remaining in litigation were entitled to a stay pending resolution of arbitration between plaintiffs and other defendants where plaintiffs’ claims against moving defendants arose from the same set of facts as in arbitration or where plaintiffs could not ...

  Plaintiff, a 50-percent shareholder in defendant Winters Custom Yachts, Inc. (WCY), asserts individual claims of breach of fiduciary duty and constructive trust against defendant Winters, who owns the other half of WCY. The complaint alleges that plaintiff allowed Winters ...

The superior court had the authority to (and correctly did) grant summary judgment for plaintiff on her claim for a declaratory judgment on the issue of paternity. The evidence established the decedent’s paternity as a matter of law. However, the ...

While testifying about his interrogation of defendant regarding a nightclub shooting, a police detective said, “I showed him the still shot from the [nightclub surveillance] video, and he just dropped his head and basically said he was done.” The detective ...

The vast majority of the charges in defendant’s driving record involved the same types of conduct defendant was alleged to have engaged in here: speeding, illegal passing, and driving while his license was revoked. Furthermore, the convictions were not too ...

Even though the state presented the same aggravating factors at defendant’s DWI trial in superior court as it had presented at defendant’s DWI trial in district court, G.S. § 20-179(a1)(1) required the state to give defendant notice of its intent ...

Since defendant was convicted of felony assault inflicting serious bodily injury based on the same conduct as his conviction of misdemeanor assault inflicting serious injury, the trial court could not impose judgment or sentence for assault inflicting serious injury, a ...

  Although defendant entered into a plea agreement with the state, during his colloquy with the trial judge, he maintained his innocence. G.S. § 15A-1023(c) did not require the judge to accept defendant’s guilty plea. We find no error in ...