North Carolina Lawyers Weekly

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 ...

Although respondent now contends the trial court lacked subject matter jurisdiction to order her involuntary commitment because Dr. Richard Benson’s petition lacked sufficient facts to show reasonable grounds for involuntary commitment, she did not challenge the sufficiency of the petition ...

Where (1) today’s opinion in Sykes v. Health Network Solutions, Inc. (Lawyers Weekly No. 010-021-19) (Sykes I), and this action involve claims requesting a declaratory judgment, alleging antitrust violations, asserting unfair trade practices, alleging civil conspiracy, alleging a breach of ...

  In an interlocutory order, the trial court dismissed all but one defendant, citing “lack of personal jurisdiction” as one reason it granted those defendants’ motions to dismiss. However, it is clear from the record that the court’s finding of ...

Reporter’s complaint against individual agents of the Department of Justice and the United States Postal Service who allegedly engaged in illegal surveillance activities against her and her family were dismissed because the individual agents had still not been identified more ...

After an automobile accident in North Carolina, the Tennessee plaintiff (1) filed suit against the Tennessee defendant within Tennessee’s one-year statute of limitations; (2) filed a voluntary dismissal without prejudice under Tenn. R. Civ. P. 41.01, which gave her one ...