Please ensure Javascript is enabled for purposes of website accessibility

Civil Practice

Aug 7, 2018

Civil Practice – Consolidation – Prior Pending Action – Construction Contract – Subcontractor

Although the plaintiff-developer and defendant-subcontractor are both parties to a previously filed lawsuit, since they are not opposing parties in the other lawsuit, the negligence claim that the developer brings here was not a compulsory counterclaim in the earlier lawsuit. The subcontractor’s motion to dismiss is denied. The court grants the developer’s motion to consolidate […]

Aug 7, 2018

Civil Practice – Discovery – Depositions – Errata Sheet – Extensive Changes

While defendant Whitworth’s changes to her deposition testimony are extensive and substantive, N.C. R. Civ. P. 30(e) allows her to make such changes. The court denies plaintiffs’ request to strike Whitworth’s errata sheet. The court rejects the view, espoused by plaintiffs, of a minority of federal courts that extensive and comprehensive changes are impermissible. However, […]

Jul 24, 2018

Civil Practice – Business Court Designation – Intellectual Property – Pharmaceuticals – Nexus

Where the disputes in this case are related to the use and performance of a drug and will ultimately affect the drug’s value as intellectual property, this action is properly designated as a business court case under G.S. § 7A-45.4(a)(5). Plaintiff’s opposition to the business court designation is overruled. Cardiorentis AG v. IQVIA Ltd. (Lawyers […]

Jul 17, 2018

Civil Practice – Default – Trial Court’s Authority – Defenses – Debt Collection

Where the defendant-debtor defaulted in this debt collection action, the trial court could not, sua sponte, raise the defenses of the statute of limitations and violation of G.S. § 58-70-115. We reverse the trial court’s denial of plaintiff’s motion for default judgment and its dismissal of the complaint. The statute of limitations must be timely […]

Jul 16, 2018

Civil Practice – Contempt – Domestic Relations – Equitable Distribution – Marital Home

Where the trial court failed to address whether the parties’ consent order remains in force or whether “the purpose of the order may still be served by compliance with the order,” and where the trial court failed to conclude that plaintiff’s noncompliance with the consent order was willful, the trial court’s findings of fact and […]

Jul 16, 2018

Civil Practice – Rule 60 Motion – Subject Matter Jurisdiction – Passports – Domestic Relations – Parent & Child – Custody

Defendant failed to appeal a child custody order that required him to surrender his U.S. and Polish passports to the clerk of court. Although defendant’s motion for relief under N.C. R. Civ. P. 60(b)(4) argued that the trial court lacked the authority to impose such a requirement, defendant does not appear to dispute that the […]

Jul 11, 2018

Civil Practice – Standing – Real Property – Homeowners Association – Adherence to Bylaws

Once defendant received title to a planned community’s common area, defendant became a member of the community’s homeowners association; accordingly, he can challenge the association board’s standing to file suit against him. Where the association’s board did not follow the procedure set out in its bylaws before filing suit, the association does not have standing […]

Jul 5, 2018

Civil Practice – Standing – Settlement Agreement – Existing Claims – Subject Matter Jurisdiction

  After a receiver was appointed to settle the affairs of his business, plaintiff entered into a settlement agreement with the receiver, giving up all causes of action, including any unasserted claims. Accordingly, plaintiff lacked standing to sue defendants for their pre-settlement filing of a UCC-1 against assets of the business. We affirm the trial […]

Jun 26, 2018

Civil Practice – Service of Process – Former Address – Wife’s Signature

Even though, at the address on defendant’s active driver’s license, defendant’s wife signed for the Federal Express delivery of plaintiff’s complaint and summons, since affidavits from defendant and his wife indicated that defendant had moved to the Philippines two years earlier and that his wife was not designated as his agent for acceptance of service […]

Jun 26, 2018

Civil Practice – Discovery Violations – Dismissal – Jurisdiction – Deferred Ruling

The trial court could defer ruling on defendant’s motion for sanctions under N.C. R. Civ. P. 37 until after trial; this did not divest the trial court of jurisdiction to rule on the motion after a mistrial was declared. We affirm the trial court’s order granting the motion for sanctions, dismissing plaintiff’s complaint, and requiring […]

Jun 25, 2018

Civil Practice – Rule 41(b) Dismissal – Insufficient Findings – Domestic Relations – Equitable Distribution Action

Although the trial court found that the equitable distribution hearing was continued twice at plaintiff’s request, the court made no findings as to whether she had deliberately or unreasonably delayed the matter or whether her actions prejudiced defendant. Moreover, there is no indication that the trial court considered lesser sanctions before dismissing plaintiff’s equitable distribution [&he[...]

Jun 21, 2018

Civil Practice – Court lacked jurisdiction to weigh equitable tolling

A petitioner filed her “innocent spouse” tax claim one week late because IRS representatives allegedly misinformed her of the filing deadline, but the U.S. Tax Court had no authority to waive compliance. Background The IRS charged Shari and Derek Nauflett as jointly and severally liable for unpaid taxes, interest, and penalties for tax years 2002–04 […]

Top Legal News

See All Top Legal News


See All Commentary