North Carolina Lawyers Weekly

  Although the plaintiff-wife testified that deferred compensation was her separate property because she earned the money when the parties were “barely married,” since the defendant-husband presented documentation showing plaintiff signed the deferred compensation form six months after the parties ...

In this second child neglect case involving “Nathan,” the respondent-father claimed he didn’t understand why his marijuana use was affecting reunification because he used marijuana throughout the previous foster care case; however, a social worker presented respondent’s multiple negative drug ...

The trial court did not specifically state that no bond existed between the respondent-father and his children at the time of the hearing on the petition to terminate his parental rights. However, the trial court did find that no bond ...

Even though the respondent-mother has two younger children who remain in her custody, this evidence did not preclude the trial court from determining that there would be a likelihood of repetition of neglect should “Ethan” be returned to respondent’s home, ...

Although the complaint alleges that, after defendant’s property was flooded by Hurricane Matthew, plaintiff performed $139,854 in “reconstruction” work and $232,776 in “mitigation” work, the parties’ pleadings do not conclusively show the details of the work actually performed under their ...

The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

Even if, as the respondent-taxpayer argues, corporations like respondent need guidance to determine the procedures a taxpayer should follow in a tax summons enforcement proceeding (like this one), G.S. § 105-258’s provisions apply both to business organizations and to individuals. ...

Breach of contract counterclaims were not dismissed where defendants specifically alleged acts of misconduct by plaintiffs and cited the specific contract provisions that those acts breached. We grant in part and deny in part plaintiffs’ motion to dismiss defendants’ counterclaims. ...

The court declined to grant summary judgment in the parties’ dispute over their LLC to the extent that plaintiff could be deemed to have withdrawn from the LLC since there was a triable issue over whether defendant had waived triggering ...