North Carolina Lawyers Weekly

Where the defendant-dentist practices general dentistry, but where plaintiff’s experts are an oral surgeon and a periodontist who do not practice general dentistry, the record supports the trial court’s determination that plaintiff could not reasonably have expected her experts to ...

When petitioner appealed the clerk of court’s denial of her petition to remove the executor of her late husband’s estate, the superior court should have conducted a de novo hearing in accordance with G.S. §§ 28A-9-4, 28A-2-9(b) and 1-301.2; instead, ...

Even though the trial court found that respondent had attempted suicide, said he had “400 rounds” and threatened to start a war, the trial court failed to find a reasonable probability of future harm, either to respondent himself or to ...

  A homeowners’ association foreclosed on petitioners’ Mecklenburg County property for unpaid association fees totaling $204.75, and respondent KPC Holdings bought the (otherwise unencumbered) $150,000 property at the foreclosure auction for $2,650.22. Even though one of the petitioners was not ...

The appellant-taxpayer offers household furniture and electronics for sale or lease. Though it claims the items in the possession of its lessees is exempt from taxation because they constitute “inventory,” since the taxpayer’s self-denominated “lessees” are not required to ultimately ...

The trial court’s rejection of defendant’s res judicata defense does not automatically entitle defendant to an immediate appeal. Appellants in interlocutory appeals involving the defense of res judicata must show that the challenged order creates a risk of inconsistent verdicts ...

  Where the defendant-hospital had not breached the parties’ employment agreement when it demanded that the plaintiff-oncologist follow certain guidelines – rather than exercising his professional judgment, as the contract gave him the right to do – the hospital’s termination ...

In a Feb. 27, 2018, order, the trial court declared that (1) the parties’ separation agreement was void and (2) plaintiff could proceed on his claim for equitable distribution. In her notice of appeal, the defendant-wife incorrectly states that the ...

A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...

A school did not violate the Establishment or Free Speech clauses by presenting an 11th-grade history unit that provided information about Islam, and tested a student’s understanding of that knowledge through a test. Background During the 2014-2015 school year, Caleigh ...