Red Fox Future, LLC v. Holbrooks (Lawyers Weekly No. 14-15-0874, 15 pp.) (Louis Bledsoe III, J.) 2014 NCBC 42 Holding: Even though the court granted summary judgment for defendants on plaintiffs’ fraud and unfair trade practices claims, defendants have not ...Read More »
Safety Test & Equipment Co. v. American Safety Utility Corp. (Lawyers Weekly No. 14-15-0872, 7 pp.) (James Gale, J.) 2014 NCBC 40 Holding: The court adopts a burden-shifting analysis for determining whether an attorney-client privilege has been waived; in this ...
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Attorneys – Tort/Negligence – Legal Malpractice – Civil Practice – Summary Judgment – Issues of Fact – Attorney-Client Relationship
Harris v. Ballantine (Lawyers Weekly No. 14-16-0823, 12 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (John Craig III, J.) N.C. App. Unpub. Holding: Since the parties forecasted conflicting evidence as to whether the plaintiff-attorney agreed to represent ...
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Attorneys – Contract – Settlement Agreement – Expunction – Misdemeanor Cruelty to Animals – Ineffective Assistance of Counsel Claim
Kyprianides v. Martin (Lawyers Weekly No. 14-16-0685, 8 pp.) (Rick Elmore, J.) Appealed from Hertford County Superior Court (Cy Grant, Sr., J.) N.C. App. Unpub. Holding: As part of a mediated settlement agreement with plaintiff (a former client), the defendant-attorney ...
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Atlantic Coast Conference v. University of Maryland (Lawyers Weekly No. 14-15-0644, 5 pp.) (John Jolly Jr., Ch. J.) N.C. Bus. Ct. Holding: Since Foley & Lardner LLP has attorney-client relationships with at least three current members of plaintiff Atlantic Coast ...Read More »
Attorneys – Fees – Civil Practice – Motion in the Cause – Quantum Meruit – Public Policy – Unwritten Contingency Contract
Robertson v. Steris Corp. (Lawyers Weekly No. 14-07-0619, 27 pp.) (Linda Stephens, J.) Appealed from Brunswick County Superior Court (D. Jack Hooks Jr., J.) N.C. App. Holding: In order to obtain his fee, an attorney properly filed a motion in ...Read More »
Sartin v. McNair Law Firm PA (Lawyers Weekly No. 14-01-0599, 20 pp.) (Niemeyer, J.) No. 13-1265, June 23, 2014; USDC at Columbia, S.C. (Anderson, J.) 4th Cir. Holding: A district court properly applied Fed. R. Civ. P. 60(a) to clarify ...Read More »
North Carolina State Bar v. Berman (Lawyers Weekly No. 14-16-0487, 18 pp.) (Ann Marie Calabria, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Unpub. Holding: The defendant-attorney left important information out of a custody complaint and consent order that ...
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Morales v. Garcia (Lawyers Weekly No. 14-16-0486, 10 pp.) (Martha Geer, J.) Appealed from Cabarrus County District Court (D. Brent Cloninger, J.) N.C. App. Unpub. Holding: Where there was evidence that defendant’s insurer made several settlement offers, including before suit ...Read More »