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Tag Archives: abuse of process

Tort/Negligence – Malicious Prosecution & Abuse of Process – Attorneys – Lack of Investigation – Special Damages – Willful Act (access required)

Fuhs v. Fuhs (Lawyers Weekly No. 011-053-16, 16 pp.) (John Tyson, J.) Appealed from Guilford County Superior Court (Stanley Allen & Lindsay Davis Jr., JJ.) N.C. App. Holding: The defendant-attorney failed to investigate the defendant-wife’s assertions before amending the wife’s ...

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Attorneys – Agency – Contract – Client’s Release – Tort/Negligence – Abuse of Process (access required)

Rodgers v. Preferred Carolina Realty, Inc. When plaintiff released the defendant-attorney’s clients in a state-court lawsuit, plaintiff also released the attorney with regard to the actions the attorney took within the scope of his agency, i.e., his representation of the clients in the settled lawsuit. The court grants the defendant-attorney’s and the defendant-law firm’s motion for judgment on the pleadings.

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Tort/Negligence – Malicious Prosecution – First Impression – Attorneys – Abuse of Process – Intentional Infliction of Emotional Distress – Interlocutory Appeal (access required)

Chidnese v. Chidnese. In a matter of first impression, we hold that an attorney may be held liable for a malicious criminal prosecution initiated by a client under certain circumstances, assuming all . . .

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Tort/Negligence – Abuse of Process – Sovereign Immunity – Insurance – Exclusion – Official Capacities (access required)

Owen v. Haywood County. (Lawyers Weekly No. 10-07-0672, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Haywood County Superior Court. (Laura J. Bridges, J.) N.C. App. Holding: Where plaintiff sued the individual defendants in only their official capacities, the ...

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