North Carolina Lawyers Weekly

When Judge Louis Trosch allowed plaintiff to amend its complaint under N.C. R. Civ. P. 15(a) to add claims for bad faith and unfair trade practices, the new claim did not “automatically” relate back to the filing date of the ...

Tagged with: Civil Practice

Even though the petitioner-Father’s counsel used an outdated summons form when serving process on the respondent-Mother, the summons nonetheless included all statutorily required information. Although Mother’s provisional counsel’s name was not listed on the summons (counsel had not been appointed ...

Tagged with: Domestic Relations

The respondent-Father argues that he did not abandon his child because, shortly before the petitioner-Mother filed the petition to terminate his parental rights, he sent his attorney an email inquiring about reinstating his visitation rights. However, that email is not ...

Tagged with: Domestic Relations

Even though the respondent-Father has engaged in therapeutic services to address his mental health needs, he still has difficulty regulating his anger, blames others for his actions, and abuses alcohol and marijuana. Clear, cogent and convincing evidence supports the trial ...

Tagged with: Domestic Relations

After “Michael” and “Kevin” were removed from her care, the respondent-Mother failed to make progress on her case plan, especially the parts designed to address her substance abuse. Mother belatedly obtained several psychological and substance abuse evaluations, but she was ...

Tagged with: Domestic Relations

On a matter of first impression, the court construes the “extended benefits” available under G.S. § 97-29(c), i.e., temporary total disability benefits past the usual 500 weeks, to be available under the same terms as temporary total disability benefits; however, ...

Tagged with: Workers Compensation

During the one-year romantic relationship between defendant and Marquise McCall, which included two weeks of living together, defendant (1) punched McCall’s four-year-old son in the chest (before they moved in together), (2) beat McCall’s daughter with a belt, and (3) ...

Tagged with: Criminal Practice

In a scheme to bring methamphetamine from Georgia to North Carolina, on the North Carolina leg of the return trip, defendant was in the lead car and was never in the car carrying the meth. Nevertheless, the prosecution proved constructive ...

Tagged with: Criminal Practice

During trial preparation, years after her controlled drug buys, an informant was looking at the state’s file when she saw defendant’s DMV photo – the only photo in the file – and was asked whether this was the person who ...

Tagged with: Criminal Practice

Defendant argues he should not have been convicted of soliciting a child under the age of 16 by computer because he had no definite plans to meet with 15-year-old “Danielle” before her sixteenth birthday. However, the state offered testimony from ...

Tagged with: Criminal Practice