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Civil Practice

Sep 17, 2020

Civil Practice  – Contempt – Workplace Violence Prevention Act – Production of Video

  In G.S. § 95-264(b), the Workplace Violence Prevention Act gives trial courts broad authority to award appropriate relief in no-contact orders. In this case, that authority included requiring respondent to turn over a video he recorded when he returned to his former workplace after he had been fired. We affirm the trial court’s order […]

Sep 11, 2020

Civil Practice – Pleadings – Debt Collector – Suit on Judgment

  Even though plaintiff filed its original lawsuit against defendant in 2008 based on a credit account that plaintiff had purchased, since plaintiff obtained a default judgment in that lawsuit, and since plaintiff filed the instant lawsuit to renew the 2008 default judgment, the original debt has merged into the 2008 judgment. Accordingly, plaintiff’s complaint […]

Sep 10, 2020

Civil Practice – Permissive Intervention – Trust Beneficiary – Rule 60(b) Motion – Interlocutory Order

Kay Harris Turner moves to intervene based on her argument that she has an interest in property at issue in this lawsuit, particularly in regard to the Nivison parties’ $2.1 million claim against the JDPW Trust, that would “denigrate [her] small claim of $126,000 almost out of existence if paid proportionately.” Under these circumstances, the […]

Sep 10, 2020

Civil Practice – Appeals – Electronic Filing – Wrong Court

Defendant BBP Bandenia, PLC, had until June 19, 2020, to file its notice of appeal. Although Bandenia electronically filed its notice of appeal on the Business Court’s docket on June 19, 2020, this method of filing does not satisfy the requirements of N.C. R. App. P. 3(c). Bandenia’s failure to timely file the notice of […]

Sep 10, 2020

Civil Practice – Discovery – Labor & Employment – Employees’ New Company – Attorneys – Advice of Counsel

In their depositions, two defendants testified about an attorney’s advice as to how to legally go about forming their new company—which would compete with their then-employer, plaintiff—while they were still working for plaintiff. Such testimony waived defendants’ attorney-client privilege as to all communications relating to this subject matter. Plaintiff Addison Whitney may depose non-pa[...]

Sep 7, 2020

Civil Practice – Appeals – Partial Summary Judgment – Trusts & Estates

  Although plaintiff argues that his defendant-siblings convinced their mother, Rosemary, of the truth of their current counterclaims—i.e., that plaintiff embezzled money from her—thereby unduly influencing Rosemary to disinherit him, plaintiff’s claims and defendants’ counterclaims require the proof of different elements. Plaintiff is not entitled to immediately appeal the trial cour[...]

Sep 7, 2020

Civil Practice – Appeals – Personal Jurisdiction – Veil Piercing/Agency

    At the trial-court level, plaintiffs argued that North Carolina could exercise personal jurisdiction over the New York defendant by piercing the veil of the defunct corporate defendant. On appeal, plaintiffs argue that “it is agency principles, not corporate veil piercing principles, that must determine the propriety of personal jurisdiction over [the New York […]

Sep 7, 2020

Civil Practice – Personal Jurisdiction – Florida Defendants – Email & Phone Calls

  The uncontradicted facts from the record show that (1) the Florida defendant-lender reached out to the plaintiff-loan broker by email and by telephone on a number of occasions while plaintiff was in North Carolina, including a call in which the Florida lender agreed to pay plaintiff a two-percent commission for brokering a loan between […]

Sep 7, 2020

Civil Practice – Service of Process – Certified Mail – Presumption of Proper Service

  Although defendant contends no one was home when plaintiff’s summons and complaint were delivered to her address via certified mail—the receipt for which bears an illegible signature—defendant’s evidence was insufficient to rebut the presumption of proper service of process raised by plaintiff’s affidavit of service. We affirm the trial court’s denial of defendant’s motion [&h[...]

Sep 4, 2020

Civil Practice – Federal credit union’s ‘citizenship’ clarified

Based on a “straightforward interpretation” of 28 U.S.C. § 1332(c)(1), which governs citizenship of corporations, the credit union is a citizen of Virginia because that is its principal place of business. This analysis was not changed by the fact the credit union was chartered under federal law. Background Navy Federal Credit Union sold a portfolio […]

Aug 21, 2020

Civil Practice – Crossclaims – Qualifying Claims – Additional Claims – Dismissal – First Impression

  The dismissal of a plaintiff’s claims does not mandate the dismissal of crossclaims asserted by one defendant against another. And, when there is a crossclaim that is related to the plaintiff’s claims (the qualifying crossclaim), the crossclaiming defendant may add any other claims he has against the other defendant. However, once the qualifying crossclaim […]

Aug 17, 2020

Civil Practice –Appeals – Interlocutory Order – Motion to Add Counterclaim

Even if the trial court was incorrect when it found defendant’s proposed counterclaim to be compulsory and thus untimely, defendant’s arguments before this court fail to demonstrate any issue which affects a substantial right and present no grounds to warrant an immediate interlocutory appeal. Appeal dismissed. Leftwich v. Morris (Lawyers Weekly No. 012-010-20, 5 pp.) […]

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