Civil Practice – Public Official Immunity – Malice or Corruption
Defendant is not a public official, and he is not entitled to public official immunity. We reversed the decision of the Court of Appeals, affirming the trial court’s grant of […]
Civil Practice – Protection of Animals Act – Statutory Interpretation
Defendants’ poultry-production operation is exempt under the Protection of Animals Act (PAA). We affirmed the Order. Plaintiff Legal Impact for Chickens appealed from the trial court’s order granting the motion […]
Civil Practice – Minimum Contacts Ruling – Long-Arm Statute
Plaintiff failed to carry her burden to show that personal jurisdiction exists over Hilton Worldwide. We reversed the trial court’s order denying Hilton Worldwide’s Rule 12(b)(2) motion to dismiss. Defendant […]
Civil Practice – Attorneys’ Fees – Interlocutory Appeal
We do not have jurisdiction to consider Defendants’ interlocutory appeal. The appeal is dismissed. On appeal, Defendants argued that the trial court erred in granting Plaintiffs’ motion for attorneys’ fees […]
Civil Practice – Rule 9 – Failure to Provide Transcripts
Plaintiffs failed to provide this Court with the record necessary to properly review, much less support their arguments. We affirmed the judgment of the trial court. Plaintiffs appealed from the […]
Civil Practice – Substantial Right – Interlocutory Appeal
We lack jurisdiction over this interlocutory appeal because Plaintiffs did not make a categorical assertion that the appeal affects a substantial right. We dismissed Plaintiffs’ appeal as interlocutory. This appeal […]
Civil Practice – Forum Non Conveniens – China as an Adequate Forum
China is a convenient, adequate, and available forum for the resolution of this dispute. A stay of this case is appropriate pursuant to the doctrine of forum non conveniens. This […]
Civil Practice – Jurisdiction for the Underlying Juvenile Case – Transfer Venue
Brunswick County properly has jurisdiction over the termination action, and the prior pending action doctrine is inapplicable. Further the Brunswick court did not abuse its discretion in denying the guardian […]
Civil Practice – Judgment Notwithstanding the Verdict – Arguments Not Preserved
The business court properly determined that several of defendants’ arguments were not preserved. We affirmed the judgment and post-trial orders of the business court. Following an adverse jury verdict in […]
Civil Procedure – Governmental Immunity – Waiver of Immunity
Driving a firetruck on return to the station is clearly a governmental function entitled to immunity. As Plaintiff failed to “allege and prove” Defendants had waived their immunity, the trial […]
Court affirms abuse and neglect findings, vacates dependency ruling
The North Carolina Court of Appeals affirmed the adjudication of two minor children as abused and neglected but vacated the district court’s conclusion that the children were also dependent juveniles.
Asphalt plant permit reinstated after application deemed complete
The North Carolina Supreme Court has reversed the Court of Appeals and reinstated a permit issued to Appalachian Materials, LLC for the construction of an asphalt plant, holding that the company’s 2015 permit application was complete under Ashe Cou[...]
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