North Carolina Lawyers Weekly

Falls v. Goldman Sachs Trust Co., N.A. (Lawyers Weekly No. 002-022-17, 24 pp.) (Louise Flanagan, J.) 5:16-cv-00740; E.D.N.C. Holding: After the decedent executed a will and trust drafted by attorney John Hine, the decedent executed another will drafted by a ...

Tagged with: Trusts and Estates

Jones v. Department of Public Safety (Lawyers Weekly No. 012-070-17, 7 pp.) (Ann Marie Calabria, J.) Appealed from Johnston County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding: The State Personnel Commission relied upon several cases to conclude ...

Tagged with: Fees

Law Firm of Michael A. DeMayo, LLP v. Schwaba Law Firm (Lawyers Weekly No. 012-067-17, 8 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Tanya Wallace, J.) N.C. App. Unpub. Holding: After a personal-injury client rejected the $85,000 ...

Tagged with: Fees

Harris & Hilton, P.A. v. Rassette (Lawyers Weekly No. 011-080-17, 9 pp.) (Mark Davis, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Holding: Although a lawyer may both represent himself and testify as a witness when ...

Tagged with: Disqualification

Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 003-006-17, 20 pp.) (Catherine Eagles, J.) 113-cv-00897; M.D.N.C. Holding: After plaintiff’s counsel hid the existence of an arbitration agreement for two years, they also engaged in vexatious conduct in their defense ...

Tagged with: sanctions

Phillips & Jordan, Inc. v. Bostic (Lawyers Weekly No. 020-003-17, 20 pp.) (Louis Bledsoe III, J.) 2016 NCBC 95 Holding: Where plaintiffs offered evidence that defendant caused Bostic Construction, Inc. (BCI), to make a preferential payment to himself in circumstances ...

Tagged with: Fees

Krausz Industries Ltd. v. Smith-Blair, Inc. (Lawyers Weekly No. 002-001-17, 25 pp.) (Robert Numbers II, USMJ) 5:12-cv-00570; E.D.N.C. Holding: Where defendant sought the opinion of one law firm as to whether defendant’s product infringed plaintiff’s patent and retained another law ...

Tagged with: Intellectual Property

Randall v. Cloud & Williams, PLLC (Lawyers Weekly No. 012-232-16, 8 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Jesse Caldwell, J.) N.C. App. Unpub. Holding: The last act the defendant-attorney performed giving rise to plaintiff’s malpractice action ...

Tagged with: Civil Practice

Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 003-018-16, 63 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Plaintiff’s counsel hid the existence of plaintiff’s copy of a loan agreement for almost two years, all the while challenging the authenticity ...

Tagged with: Bad Faith

North Carolina State Bar v. Sutton (Lawyers Weekly No. 011-342-16, 46 pp.) (Mark Davis, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: Given defendant’s rude, disruptive and dishonest statements and actions, as well as his stated refusal to ...

Tagged with: Bar Discipline