North Carolina Lawyers Weekly

Although the plaintiff-appellant’s violations of the North Carolina Rules of Appellate Procedure were non-jurisdictional, the violations were numerous and so substantial that they impaired our ability to conduct meaningful appellate review. Appeal dismissed. Plaintiff’s appeal violates at least eight mandatory ...

Despite a recent U.S. Supreme Court decision that plaintiff claims changed the law under which his case was decided, once the North Carolina Supreme Court upheld summary judgment for defendants, plaintiff’s case was over, and the trial court had no ...

  Where (1) the contract between defendant and the temporary employment agency gave defendant the right to control plaintiff’s decedent, William Belk, with respect to the work he performed as a maintenance mechanic; (2) defendant paid Belk an hourly wage; ...

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

Under Pennsylvania law, when attempted service of process upon the North Carolina defendant by certified mail went unclaimed, plaintiff was not entitled to serve process via regular mail to the same address. Since plaintiff’s attempted service of process did not ...

Even if, as the respondent-taxpayer argues, corporations like respondent need guidance to determine the procedures a taxpayer should follow in a tax summons enforcement proceeding (like this one), G.S. § 105-258’s provisions apply both to business organizations and to individuals. ...

Where plaintiff alleges an accountant-client or auditor-client relationship with defendant, and where plaintiff’s claim arises from alleged negligence in defendant’s provision of professional services (i.e., allowing two of plaintiff’s four employees to loot $4 million from the company), G.S. § ...

  Where the plaintiff-franchisees allege that the defendant-franchisors overcharged them for goods, but where plaintiffs do not seek damages for lost profits, defendants are not entitled to discovery related to plaintiffs’ lost profits. Regardless of whether plaintiffs passed on the ...

Where a punitive damages jury verdict set aside by the district court is reinstated by the appellate court, the postjudgment interest on the award runs from the date of the original district court judgment. Background On Aug. 2, 2018, this ...

The plaintiff-bank filed a verified complaint claiming that defendant had breached the parties’ credit card agreement by failing to make payments on a $22,757 balance; then the bank filed a verified summary judgment motion supported with an affidavit and records ...