North Carolina Lawyers Weekly

Where the trial court allowed the plaintiff-wife to testify about incidents of domestic violence that were not pleaded in her complaint or motion for a domestic violence protective order, this violated the defendant-husband’s right to due process. We reverse the ...

Although the substitute trustee technically obeyed G.S. § 45-21.27(e1) by giving notice of an upset bid to a junior lienholder/last prior bidder in this foreclosure case, there was an inexplicable five-day delay between the substitute trustee’s receipt of notice from ...

In a consent order, the respondent-father agreed to relinquish his parental rights. However, an agreement to relinquish parental rights is void as against public policy because it removes from the court its power to assert the objectives of the termination ...

Plaintiffs owned a minority of the units in a condominium development when the development was terminated and sold under the Condominium Act. Plaintiffs allege that the defendant-condominium association used an inappropriate, manipulated appraisal to set the sale value of plaintiffs’ ...

Where the plaintiff-mother gave a limited power to attorney to the North Carolina Child Support Enforcement Agency, and where the IV-D attorney followed federal and state agency policy by notifying the mother of a hearing by mailing notice to the ...

Even if the plaintiff-wife condoned the defendant-husband’s adultery, she could not have condoned his continuing “use of pornography and online sexual solicitations” because the husband deceived the wife into believing he had ceased such behavior. Accordingly, the trial court could ...

In a civil case alleging the sexual abuse of juvenile plaintiffs, the court can protect the juveniles’ identities without sealing the entire court file. And while a criminal defendant’s right to a fair trial may justify a temporary sealing of ...

  Plaintiff, a special agent with the State Bureau of Investigation, showed by clear and convincing evidence that defendants acted with actual malice when they published articles falsely indicating that plaintiff had relied on shoddy work to help convict defendants ...

Where the defendant-landowners own two adjacent tracts (Tracts B and C), and where the parties’ deed of trust referenced the description of Tract C, the address of Tract B, and the tax ID numbers of both tracts, the deed of ...

Plaintiff was founded by Luc Tack, who provided the funding for the business, and defendants, who managed the operations. Defendants later founded a Chinese company and did not disclose their ownership to Tack. Plaintiff alleged that defendants used their company ...