Fusco v. Allen Design Associates, Inc. (Lawyers Weekly No. 15-16-1103, 11 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (William Bell, J.) N.C. App. Unpub. Holding: Since the parties’ “Remediation and Settlement Agreement” (RSA) required defendants to perform ...

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TD Bank, N.A. v. Shree Dutt Sai, LLC (Lawyers Weekly No. 15-03-1078, 16 pp.) (L. Patrick Auld, USMJ) 1:14-cv-00852; M.D.N.C. Holding: Where (1) the defendant-borrower defaulted on its promissory notes; (2) both notes provide for “reasonable attorney’s fees”; (3) the ...

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Paykert v. Coleman (Lawyers Weekly No. 15-16-1071, 18 pp.) (Robert Hunter Jr., J.) Appealed from Guilford County District Court (H. Thomas Jarrell & Jan Samet, JJ.) N.C. App. Unpub. Holding: Uncontroverted evidence discloses that defendant refused to return plaintiff’s tractor-trailer ...

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Just a few weeks after the state’s Court of Appeals ruled that class action settlements can include an agreement to pay the plaintiffs’ attorneys’ fees, the North Carolina Business Court has held that a court can award attorneys’ fees in ...

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Izydore v. City of Durham (Lawyers Weekly No. 15-16-0966, 10 pp.) (Mark Davis, J.) Appealed from Durham County Superior Court (Carl Fox, J.) N.C. App. Unpub. Holding: In a prior appeal, we affirmed the order of the trial court denying ...

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Ehrenhaus v. Baker (Lawyers Weekly No. 15-07-0884, 26 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Calvin Murphy & James Gale, JJ.) N.C. App. Holding: A party to a class action may agree to pay the other party’s ...

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The two men behind a private jet charter company that was sanctioned by the North Carolina Business Court for filing a frivolous lawsuit against several of their employees have a litigious – and colorful – history. “They like to sue ...

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In re Taylor (Lawyers Weekly No. 15-07-0660, 18 pp.) (Mark Davis, J.) Appealed from Cumberland County Superior Court (Beecher Gray, J.) N.C. App. Holding: G.S. § 28A-13-3(19) authorizes an estate’s personal representative to hire attorneys, but no statute specifically addresses ...

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Piro v. Piro (Lawyers Weekly No. 15-16-0179, 18 pp.) (John Tyson, J.) Appealed from Mecklenburg County District Court (Christy Mann, J.) N.C. App. Unpub. Holding: Although the plaintiff-father earns $155,000 a year, since he incurred more than $308,000 in attorneys’ ...

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Legal Aid of North Carolina more than tripled the amount of attorneys’ fees that it collected between 2013 and 2014. The totals for both years are modest –$14,250and $45,614, respectively – but the increase shows that legal aid attorneys are getting more aggressive about asking the courts to award fees.

Tagged with: attorney's fees