North Carolina Lawyers Weekly

The trial court granted one defendant’s motion to dismiss, but plaintiff’s claims against other defendants remain pending. According to the allegations of the complaint, the liability of the defendants is not joint; rather, the liability of the dismissed defendant is ...

  Even though evidence of respondent’s mental illness and involuntary commitment history show that she had been a danger to herself in the past, since her doctor’s testimony shows that, as of the hearing date, respondent was stabilized, medicated and ...

Under G.S. § 122C-271, whether a trial court orders inpatient treatment, outpatient treatment, or a combination of both, the maximum commitment period cannot exceed 90 days. Therefore, the trial court’s commitment of respondent to 30 days of inpatient treatment and ...

  In a lawsuit arising out of the South Carolina defendant’s alleged breach of a limited partnership agreement, defendant’s contacts with North Carolina as managing partner of the plaintiff-partnership were sufficient to give our courts personal jurisdiction over defendant. Even ...

Based on our traditional jurisprudence and on the higher degree of certainty provided by the lex loci delicti test (requiring the use of the law of the state where the harm was sustained) compared to the greater flexibility and lower ...

Although a Swiss corporation argued the missing party, a British Islands entity, was not indispensable to resolution of claims involving performance under fuel contracts, its own complaint confirmed the missing party was necessary and indispensable. Because joining the missing party ...

Where corrections officials who were tipped off that an inmate with a history of attempting to smuggle contraband into prison might be planning to do it again stripped searched his visitor, the search was upheld because the officials, who witnessed ...

Where a suit filed in federal court alleged the defendants engaged in fraudulent conduct in prosecuting defamation suits in state court, it was not an attack on the state-court judgments and, as such, was not barred by the Rooker-Feldman doctrine. Background In ...

Even though the plaintiff-daycare pursued an administrative challenge to defendant’s 2010 disciplinary action against it, since this tort action seeks monetary damages—a remedy not available under the Administrative Procedure Act—the statute of limitations was not tolled while plaintiff pursued its ...

    The Department of Social Services sought to provide protective services to the respondent-adult, alleging that he lacked capacity to consent to the provision of such services. DSS was required to prove that respondent was “without able, responsible, and ...