North Carolina Lawyers Weekly

  The defendant-hospital’s action—dismissing its counterclaim against the plaintiff-patient and binding itself not to seek payment from him—does not moot plaintiff’s class action on behalf of uninsured patients who were charged pursuant to the hospital’s “Chargemaster” rates. The relation back ...

  Even though the Connecticut defendant did not know plaintiff’s location when he placed 28 calls to her cell phone on a single day – one of which caused plaintiff to have a panic attack and led her to seek ...

This case was scheduled for trial on the day the trial court heard the parties’ motions in limine, so plaintiff is presumed to have been prepared for trial. Nevertheless, since plaintiff did not receive the 10 days’ notice required for ...

In this domestic-relations action, the plaintiff-wife seeks to impose a constructive trust on allegedly marital and divisible assets that she says the defendant-husband secreted and transferred to a trust. Although, in a related action, the Business Court found that plaintiff ...

  Plaintiffs’ medical malpractice complaint purports to raise a facial challenge to the constitutionality of N.C. R. Civ. P. 9(j). Pursuant to G.S. § 1-267.1(a1), the trial court should have determined whether plaintiffs’ constitutional challenge was properly “raised” and, if ...

  Plaintiff brings a facial constitutional challenge to a state law concerning automated red-light traffic cameras in the City of Greenville, but the three-judge panel below did not rule on the state’s motion to dismiss before entering summary judgment for ...

Although this court has previously sealed documents containing client data if public disclosure would require the defendant-hedge fund administrator to choose between withdrawing such filings or violating the terms of its Agreement to Provide Services, our Court of Appeals has ...

The five-page case summary and introduction to plaintiff’s 47-page complaint uses aggressive and accusatory language. However, plaintiff’s unfair trade practices claim is based, at least in part, on the same conduct supporting its breach of contract claim, necessitating proof of ...

Where defendant’s unfair trade practices counterclaims in this action and its unfair trade practices claim in a New York action are based on different facts, the court declines to stay this action pending resolution of the New York action. Defendant’s ...

Although G.S. § 1-521 prohibits the appropriation of public funds to pay attorney fees in a quo warranto action, the trial court properly concluded that it could not sanction plaintiffs’ counsel for the alleged use of public funds to pay ...