North Carolina Lawyers Weekly

  In this medical malpractice action, in an interrogatory response, plaintiff’s expert’s list of the documents she reviewed did not include plaintiff’s medical records. In her deposition, the expert equivocated when asked directly about the interrogatory response’s omission of defendant’s ...

  The parties’ contract to develop 368.79 acres of land said defendant “intends” to acquire the land. When defendant later declined to acquire some of the land (the disputed property), this was not a repudiation because it was not a ...

C’s claims that defendants – a former DSM employee and his new employer, Honeywell – misappropriated DSM’s trade secrets cannot survive defendants’ summary judgment motion for several reasons, including DSM’s failure to show Honeywell used the alleged trade secrets and ...

A couple who worked in the wife’s family’s campground business for years without pay has not shown that the business is a de facto partnership, but they may be able to show that the wife’s mother owed and breached a ...

Defendant entitled to a new trial when the trial court failed to properly advise defendant of the consequences of waiving counsel and where defendant did not engage in conduct that was of a combative or dilatory nature that would result ...

On the first scheduled day of trial in this condemnation action, the trial court denied two of the defendant-landowner’s three pretrial motions in writing and one orally. Where defendant filed an immediate appeal of “the Order … attached,” which included ...

  Even though the individual defendants are both (1) liable for the jury’s punitive damages awards and (2) members of the LLCs to which those punitive damages will be distributed, there is no North Carolina authority for prohibiting a shareholder ...

  Where the parties’ settlement agreement clearly instructs the appraisers chosen thereunder that they are to assume “no material change in … the use of [the country club’s] assets” while appraising plaintiff’s shares, the appraisers may not value the country ...

  The alleged conduct that forms the basis for plaintiff’s claims of civil obstruction of justice and civil conspiracy – the destruction of files and the making of false statements – occurred during this lawsuit. Accordingly, the court can address ...

  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 ...