North Carolina Lawyers Weekly

Evidence from the plaintiff, a Walgreens employee – that the defendant-customer came to plaintiff’s place of work, called her incompetent and incapable of doing her job, and subsequently video-recorded plaintiff, expressing her displeasure with the service she was receiving at ...

Tagged with: Civil Practice

There was no attorney-client relationship between the defendant-lawyer and the plaintiff-lender, but plaintiff’s claim against the lawyer – that he had notice that a satisfaction document was potentially fraudulent but nevertheless recorded the fraudulent satisfaction – is a claim of ...

Tagged with: Civil Practice

During litigation in which plaintiff ultimately won a large judgment against a real estate developer, that developer surreptitiously sold real property to defendants – the developer’s partner in a joint venture to build a mixed-use development on the developer’s land ...

In this medical malpractice case, on defendants’ motion to dismiss the complaint as time-barred, the trial court considered only the “arguments of parties and counsel for the parties and . . . reviewed the court file, pleading[ ], and memorand[a] ...

When a media coalition asked the North Carolina Department of Health and Human Services to release records related to the death of a jail inmate, the local district attorney filed an objection and request for a temporary protective order. However, ...

Before our Rules of Civil Procedure were adopted, our Supreme Court held that a counterclaim filed after the expiration of a limitations period related back to the filing of the plaintiff’s complaint, and this court held the same shortly after ...

On a prior appeal on the issue of whether a proposed asphalt plant would be too close to an educational facility, this court reversed the trial court’s order, which had upheld the defendant-county’s denial of a permit to build the ...

The only service the defendant-limited liability company has received came in the form of an expired summons, meaning the action was discontinued as to the LLC. However, the LLC is a necessary party in this derivative action. To avoid more ...

Although respondent argues on appeal that the trial court erred by crediting the hearsay-based opinion of Dr. Zarzar, respondent did not object to Dr. Zarzar’s testimony at his hearing. In any event, Dr. Zarzar testified as an expert witness and ...

A civil litigant’s due process right to the assistance of retained counsel extends to depositions, and the trial court violated that right when it ordered that all depositions in this case be taken by “remote videoconferencing in separate locations from ...