Schneider v. Schneider (Lawyers Weekly No. 011-332-17, 9 pp.) (Donna Stroud, J.) Appealed from Mecklenburg County District Court (Christy Mann, J.) N.C. App. Holding: In ruling on the plaintiff-father’s motion for attorney’s fees, the trial court said that “the law ...

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  When a Virginia police detective’s body and his submerged truck were discovered in a family fishing pond in North Carolina, the state’s chief medical examiner ruled that the manner of death was undetermined, despite overwhelming evidence that it was ...

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Ward v. FSC I, LLC (Lawyers Weekly No. 020-030-17, 12 pp.) (Gregory McGuire, J.) 2017 NCBC 19 Holding: A review of similar acts convinces the court that G.S. § 55A-7-40(e) of the North Carolina Nonprofit Corporation Act authorizes a court ...

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Weston Medsurg Center, PLLC v. Blackwood (Lawyers Weekly No. 012-035-17, 14 pp.) (Douglas McCullough, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App. Unpub. Holding: Where defendants Data Consulting Group, LLC, and Nasko Dinev served a $10.02 ...

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Reed v. Carolina Holdings (Lawyers Weekly No. 011-043-17, 46 pp.) (Lucy Inman, J.) (John Tyson, J., dissenting) Appealed from the Industrial Commission. N.C. App. Holding: Defendants waited until they filed a motion to reconsider to raise the issue of the ...

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A Lincoln County Superior Court judge has awarded four plaintiff’s attorneys fees of more than $154,000, including tax, for discovery abuses committed by a defendant in a case involving the death of a dock worker. In April 2015, a Lincoln ...

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Ridley v. Wendel (Lawyers Weekly No. 011-010-17, 16 pp.) (Wendy Enochs, J.) Appealed from Catawba County Superior Court (Daniel Kuehnert, J.) N.C. App. Holding: The evidence tended to show and the jury found that (1) defendant City Chevrolet Automotive Co. ...

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Guidotti v. Moore (Lawyers Weekly No. 012-215-16, 8 pp.) (Douglas McCullough, J.) Appealed from Bladen County Superior Court (James Gregory Bell, J.) N.C. App. Unpub. Holding: Although defendant moved for attorney’s fees pursuant to N.C. R. Civ. P. 11 and ...

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The North Carolina statute that permits courts to enter declaratory judgments does not allow them to also award attorneys’ fees to the victorious parties, the state’s Court of Appeals has ruled. Attorneys’ fees are different from court costs, which can ...

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Swaps, LLC v. ASL Properties, Inc. (Lawyers Weekly No. 011-360-16, 7 pp.) (Richard Dietz, J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Holding: The General Assembly’s longstanding policy is that statutes governing costs generally exclude ...

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