North Carolina Lawyers Weekly

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 ...

  After respondent was involuntarily committed, her second statutory examination was conducted by a psychologist, despite the fact that G.S. § 122C-266(a) requires the examination to be conducted by a physician. Respondent failed to raise this issue at her hearing ...

Although a district court made errors in certifying a defendant class, including failing to timely appoint class counsel or ensuring the requirements of Federal Rule 23 were satisfied, the objecting parties’ failure to timely object to these defects and the ...

Where plaintiffs challenging Mississippi’s death penalty practices subpoenaed the Virginia Department of Corrections in the hopes of gathering information that would help them prove deficiencies in Mississippi’s practices, the subpoena was quashed because the department had already produced relevant information ...

Where defendant knew she was dealing with an Iowa company when she signed a contract, which said it would not be valid until accepted by plaintiff in Iowa and which included a clause consenting to jurisdiction in Iowa courts, the ...

  We affirm the Business Court’s award of attorneys’ fees against plaintiffs’ counsel individually as a sanction for discovery violations (Although plaintiff Preiss showed up an hour and a half late – unaccompanied by counsel – for her deposition, since ...

Where a contraceptive device, regulated by the Food and Drug Administration, failed to work as intended, forcing the plaintiff to undergo a total hysterectomy to have it removed, the manufacturer of the device could not remove the action to federal ...