North Carolina Lawyers Weekly

In a dispute arising out of a contract to transfer and develop real property, the complaint alleges that plaintiff Clue Property Development, LLC, is the successor in interest to Cue Property Development, LLC. Although defendants argue the complaint does not ...

Tagged with: Corporate

In this action that arose more than ten years ago, the notice mailed to some class members was returned as undeliverable. Under the circumstances, this was not a violation of class members’ rights to due process.  The court certifies a ...

Tagged with: Civil Practice

The plaintiff-corporation seeks to enforce the redemption provision in the shareholder agreement signed by the defendant-executor’s decedent. Plaintiff’s additional claim that the executor has breached a fiduciary duty by failing to comply with a provision in the will – which ...

Tagged with: Tort/Negligence

Where plaintiff alleges that it “typically provides services in over forty states, and it routinely performs work throughout the United States,” and where plaintiff alleges that defendant was a high-level executive whose duties covered the United States and who had ...

Tagged with: Contract

The plaintiff-patients complain that they were required to pay more for copies of their medical records than S.C. Code Ann. § 44-115-80 allows healthcare providers to charge. However, plaintiffs have not sued their healthcare providers; instead, they have sued the ...

Tagged with: consumer protection

Defendant titled his 2016 motion a “Motion for Entry of [QDROs]”; however, the 2005 consent order which required the entry of qualified domestic relations orders in this case required plaintiff to make a distributive award to defendant from plaintiff’s retirement ...

Tagged with: Domestic Relations

The defendant-Father’s close friend and part owner of Father’s prior employer testified that (1) the employer had laid Father off less than a week before the hearing on the plaintiff-Mother’s motion to modify child support, (2) none of the employer’s ...

Tagged with: Domestic Relations

Where plaintiff’s counsel engaged in gamesmanship – giving notice to a defense attorney he knew had withdrawn and failing to give the unrepresented defendants the notice required by court rules and the Rules of Civil Procedure – the trial court ...

Tagged with: Civil Practice

Although the defendant-landowner showed that its customers used a vacant lot for parking to visit defendant’s businesses, the Department of Transportation showed that defendant did not own the vacant lot, and defendant failed to show that it had a prescriptive ...

Tagged with: Real Property

Even though, during defense counsel’s vacation, her staff failed to realize that this summary ejectment matter had been added to an amended calendar, since the attorney received the calendar including the hearing in this matter, the defendant-tenant received actual notice ...

Tagged with: Landlord/Tenant