North Carolina Lawyers Weekly

Where the plaintiff and the third-party defendant have separately appealed subsequent orders of the trial court, and where that separate appeal includes the interlocutory discovery and sanctions orders at issue in this appeal, we defer to the panel of this ...

Even though defendant was subject to a pre-filing injunction which prohibited him from filing any documents with the “State of North Carolina Courts” without either attaching an affidavit from a licensed attorney or obtaining permission from the senior resident superior ...

The plaintiff-grandchildren presented sufficient evidence to go to the jury on the question of the defendant-son’s (plaintiffs’ uncle) undue influence over the settlor of a trust, John Day. Day had been suffering from dementia for eight years, and defendant had ...

Where plaintiff’s sole expert witness had no familiarity with the defendant-doctor’s training or experience – whether through reviewing defendant’s deposition, reviewing the website of her medical group, or reading through the qualifications and trainings of defendant’s practice – plaintiff did ...

In this medical malpractice case involving surgery to treat caudal equina syndrome complete in a patient with comorbidities of insulin dependent diabetes and hypertension, the opinion of plaintiff’s only causation expert was based on confusing medical literature that he admitted ...

Even though defendant’s impairment was an element of the offense of felony death by motor vehicle, and even though the jury acquitted defendant of reckless driving, the state presented sufficient evidence to allow the jury to find the aggravating factor ...

The burglary and murders with which defendant was charged (the Howard Road crimes) and an earlier burglary (the Wagstaff Road burglary) occurred 1.6 miles apart, in the same neighborhood and were perpetrated by the same three individuals (defendant, Gregory Crawford, ...

Defendant, a convicted rapist, purported to request an inventory of biological evidence related to his case. However, defendant never actually requested an inventory. The only fair reading of his lengthy, handwritten filing is that defendant sought to compel the state ...

With regard to the value of a 2001 Chrysler Concord stolen by defendant in September 2015, the state’s evidence showed that the victim had bought the car from his uncle for $600 in February 2015, the victim had put new ...

Because defendant owned “Lot 15” and a half-interest in “Lot 15A” when plaintiffs obtained and docketed their judgment against defendant, plaintiffs may execute their judgment against Lots 15 and 15A, despite the fact that – after entry of the judgment ...