North Carolina Lawyers Weekly

In order to prove fraud, a plaintiff need not show that the defendant’s misrepresentation was made on a specific date. Where plaintiff presented evidence that (1) defendant Rives made a definite and specific promise not to spend more than $25,000 ...

In an issue of first impression that has divided other circuits, the court held that the Racketeer Influenced and Corrupt Organizations, or RICO, Act does not give private plaintiffs a right to sue for injunctive relief. Background The named plaintiffs ...

Where a prison guard was beaten to death by an inmate, her father’s suit failed to plead facts showing how individuals who managed the prison or worked there created or enhanced the danger that resulted in her death. Background Sergeant ...

The defendant-employees of the North Carolina Department of Transportation, assert that they are entitled to public official immunity because their positions were created pursuant to statute, i.e., G.S. §§ 143B-345, 143B-346 and 136-18. These statutes speak to NCDOT as an ...

Although the defendants argued a student’s use of a Jane Doe pseudonym without court permission was a jurisdictional defect, that argument failed because her complaint alleging she was harmed by the school’s failure to end the sexual harassment and abuse ...

A former student sued the defendant-school board for damages arising out of another student’s assault on her while she was still a student. Although the school board purchased liability insurance, this did not waive the school board’s governmental immunity because ...

We improvidently granted discretionary review of the Court of Appeals’ decision (Although the developer of a very hilly subdivision did not have a duty to inspect or monitor the construction site or to take precautions against negligent construction work, plaintiffs ...

Matters of internal corporate management do not affect commerce as defined by G.S. Chapter 75. The fact that other entities benefited from the alleged deceptive conduct while plaintiff did not does not make the dispute one “in and affecting commerce.” ...

Where plaintiffs allege that defendants converted their “customer list” and “business assets,” but where plaintiffs’ counsel admitted that “customer list” actually refers to their decedent’s client relationships while “business assets” refers to the “goodwill” of the decedent’s company, plaintiffs have ...

In the latest of several lawsuits among neighbors in a subdivision, defendants assert an abuse of process counterclaim. The elements of an abuse of process claim are (1) that the defendant had an ulterior motive to achieve a collateral purpose ...