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Civil Practice – Copyright Act – Continuing Wrong Doctrine
Plaintiffs’ claims are untimely, barred by their failure to allege a violation of a legally enforceable right, and preempted by the federal Copyright Act. Defendant’s motion to dismiss this action […]
Civil Practice – Rule 403 of the Federal Rules of Evidence – Misapprehension of the Law
The trial court’s Rule 403 ruling, which applied the wrong legal standard, was an abuse of discretion. We affirmed the decision of the Court of Appeals. This appeal was before […]
Civil Practice – Right of Immediate Appellate Review – Statutory Immunity Under the Emergency or Disaster Treatment Protection Act
The Court of Appeals erred in exercising appellate jurisdiction over defendants’ appeal. We vacated the Court of Appeals’ judgment and remanded for further remand to the trial court. The events […]
Civil Practice – Interlocutory Appeal – Substantial Right
Defendant failed to show the interlocutory order denying her motion for summary judgment affects a substantial right. We dismissed Defendant’s appeal from the interlocutory order denying her summary judgment. This […]
Civil Practice – Personal Jurisdiction – Registering to Do Business in North Carolina
Defendant consented to general personal jurisdiction by registering to do business in North Carolina. The trial court properly denied Defendant’s motion to dismiss. Plaintiff PDII, LLC is a North Carolina […]
Civil Practice – Personal Jurisdiction – Defamatory Statements
The damage to the corporation’s reputation with regulators in its home State is an injury felt primarily, perhaps exclusively, in North Carolina. That alone is sufficient to establish jurisdiction over […]
Civil Practice – Improper Venue – Motion to Transfer Venue
As Plaintiff’s registered office is undisputedly in Cumberland County and as Defendants separately admitted that Plaintiff’s principal place of business is in Cumberland County, venue is appropriate under N.C. Gen. […]
Civil Practice – Civil Contempt – Ability to Purge Contempt
Defendants willfully violated a TRO by diverting millions of dollars and had the present ability to purge contempt by liquidating or borrowing against valuable assets. We affirmed the trial court’s […]
Civil Practice – Res Judicata – Claim Preclusion
The court below properly considered the elements of claim preclusion in dismissing Plaintiff’s counterclaims. We affirmed the district court’s order. Defendant appealed the district court’s order dismissing his counterclaim under [&[...]
Civil Practice – Jurisdiction – Denial of Qualified Immunity
Because the denial of qualified immunity turned on disputed facts rather than legal questions, the Fourth Circuit lacked jurisdiction. We dismissed the appeal. This appeal arose from the fatal shooting […]
Civil Practice – Sanctions – Discovery Requests
Sanctions should be awarded against the Plaintiffs for their conduct in this litigation. Having considered the Sanctions Motion, the parties’ materials offered in support of and in opposition to the […]
Civil Practice – Deed of Trust – Statute of Limitations
Plaintiff failed to present any evidence of bad faith on the part of Defendants. The trial court did not err by granting Defendants’ motion for summary judgment on the grounds […]
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