North Carolina Lawyers Weekly

Not only did plaintiff violate many non-jurisdictional appellate rules (by failing to timely serve the proposed record on appeal as required by N.C. R. App. P. 11(b), by failing to timely file the record on appeal pursuant to Rule 12(a), ...

Respondent’s only argument on appeal is that Dr. Richard Benson’s petition to involuntarily commit her lacked sufficient facts to show reasonable grounds for involuntary commitment. However, because respondent did not challenge the sufficiency of the petition during the initial involuntary ...

Where a class action lawsuit resulted in the dismissal of 10 out of 64 plaintiffs and settled for a total damages award of only 3% the initial amount sought, an award of attorneys’ fees that was almost double the amount ...

  Once the trial court granted defendants’ motion for summary judgment, plaintiff could have appealed the trial court’s interlocutory order denying plaintiff’s motion to amend his complaint. In order to appeal the interlocutory order, however, plaintiff was required to designate ...

Where a Hungarian businessman sold a company to another Hungarian company, violating an injunction, the Hungarian company’s participation in the businessman’s injunction violation was insufficient to provide the court a basis for exercising personal jurisdiction over it. Background In the ...

An eDiscovery order—permitting plaintiffs’ agent to access defendants’ computer system, and not permitting defendants to review many materials before they are turned over to plaintiffs—does not provide sufficient protection as to defendants’ attorney-client privilege or the work-product doctrine. We vacate ...

A company president is not personally responsible for a multi-million dollar judgment because he was never personally named in the complaint. However, the president might be liable for sanctions because of his conduct during the discovery. Background In December 2010, ...

At a hearing on defendant’s motion for relief from the trial court’s order that the jury would be instructed on spoliation of evidence, defendant was denied its right to due process when the trial court imposed the additional discovery sanction ...

State court class actions on behalf of owners of stock in an electric and gas utility, which alleged that the company’s CEO and board members breached their fiduciary duties by agreeing to a merger with an energy-based utility company and ...

In a prior lawsuit between the same parties, the trial court dismissed – as unripe and without prejudice – the debtors’ counterclaim that the bank had not made a commercially reasonable disposition of the debtors’ collateral. Otherwise, the trial court ...