North Carolina Lawyers Weekly
Since there is no final judgment as to the forfeiture of defendant’s appearance bond, the forfeiture may only be set aside for the reasons enumerated in G.S. § 15A-544.5(b). The clerk of court’s failure to provide the surety with ...
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Criminal Practice – Bond Forfeiture – Motion to Set Aside – No Final Judgment – Late Notice
Civil Practice – Pleadings – Debt Collector – Suit on Judgment 
Even though plaintiff filed its original lawsuit against defendant in 2008 based on a credit account that plaintiff had purchased, since plaintiff obtained a default judgment in that lawsuit, and since plaintiff filed the instant lawsuit to renew the ...
Read More »Domestic Relations – Parent & Child – UCCJEA – Home State – Relocation Timing
The plaintiff-father contends that the family started residing in North Carolina when they came here from New York on 28 June 2017 and that their return to New York from 9 July 2017 until 18 August 2017 was merely ...
Read More »Insurance – Auto – Unfair Trade Practices Claim – No Reliance – Certificate of Insurance – Third Party
The plaintiff-trucking company rents trucks, short-term, from a leasing company. The defendant-insurance agency sent a certificate of insurance (COI) to the leasing company’s insurer, falsely representing that plaintiff’s insurance policy provided coverage for the short-term rental trucks. Since plaintiff ...
Read More »Corporate – Contract – LLC Operating Agreement – Membership Termination – Undefined ‘Cause’
The operating agreement of the plaintiff-limited liability company deals with membership withdrawal. It reads, in its entirety, “Buy/Sell. Involuntary withdrawal with cause only.” Plaintiffs admit, and the undisputed evidence shows, that there was no meeting of the minds as to ...
Read More »Contract – Independent Contractor – Corporate Sale Clause – Ambiguity – Tort/Negligence – Economic Loss Rule
The parties’ independent contractor agreement includes a paragraph addressing the plaintiff-contractor’s right to a bonus if the defendant-company is sold. Since that paragraph can reasonably be read either (1) to preclude such a bonus if plaintiff was not employed by ...
Read More »Civil Rights – Public Records Act – First Impression – Corporate – State-Owned Company
Even though the State of North Carolina is the sole shareholder of the defendant North Carolina Railroad Company, given the General Assembly’s treatment of the NCRR as a private corporation, the court determines that the NCRR is not subject to ...
Read More »Tort/Negligence – Gross Negligence Claim – Ponzi Scheme – Fund Administrator – Pleadings & Evidentiary Forecast
Even though the elements of an ordinary negligence claim must be met before plaintiffs can satisfy the higher gross negligence standard, plaintiffs’ pleading of a gross negligence claim cannot be read to assert a separate claim for ordinary negligence that ...
Read More »Contract – Settlement Agreement – Fraud Allegation – Due Diligence
After entering into a settlement agreement, but before his performance thereunder—buying out defendants’ interest in their companies—was due, plaintiff learned facts that led him to refuse to perform under the settlement agreement. However, plaintiff could have learned these facts (the ...
Read More »Civil Practice – Permissive Intervention – Trust Beneficiary – Rule 60(b) Motion – Interlocutory Order
Kay Harris Turner moves to intervene based on her argument that she has an interest in property at issue in this lawsuit, particularly in regard to the Nivison parties’ $2.1 million claim against the JDPW Trust, that would “denigrate [her] ...
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