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attorney's fees

Aug 27, 2015

Failed business sanctioned for suing former employees

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 for blood sport,” said Thomas Van Camp, a Pinehurst attorney who helped the former employees […]

Jul 8, 2015

Trusts & Estates — Attorney’s Fees – Reasonableness – Clerk’s Authority – Untimely Claim

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 the payment of fees to those attorneys. Pursuant to G.S. § 28A-23-3, clerks of court […]

Feb 25, 2015

Domestic Relations — Attorneys’ Fees – Parent & Child – Custody – Abuse Allegations

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’ fees while fighting the defendant-mother’s false allegations that he had abused one of the parties’ […]

Jan 12, 2015

Attorneys’ fees a boost for legal aid

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.

Jan 8, 2015

Aunt Misbehavin’: Heir must pay attorneys’ fees to wronged nieces and nephews

A brother and sister who won a hefty punitive damages award against an aunt who withheld their inheritance—and accused the sister of murdering her grandmother—will be able to keep that award, and get a bigger chunk of attorneys’ fees to go with it. The North Carolina Court of Appeals ruled Dec. 31 that the trial […]

Jan 5, 2015

Tort/Negligence — Defamation & Breach of Fiduciary Duty – Attorneys’ Fees – First Impression – Punitive Damages – Trusts & Estates

Lacey v. Kirk (Lawyers Weekly No. 15-07-0017, 50 pp.) (Sam Ervin IV, J.) Appealed from Alamance County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: The fact that plaintiffs received a large punitive damages award does not justify a reduction in the amount of attorneys’ fees awarded to them. We affirm the judgment in […]

Oct 30, 2014

Contract — Attorney’s Fees – ‘Prevailing Party’ – Dismissal Without Prejudice

Hometown Services, Inc. v. Equitylock Solutions, Inc. (Lawyers Weekly No. 14-04-1004, 9 pp.) (Martin Reidinger, J.) 1:13-cv-00304; W.D.N.C. Holding: The court dismissed this action without prejudice due to plaintiff’s failure to submit the dispute to mediation before commencing suit; consequently, defendant is not the “prevailing party.” As a result, defendant cannot recover attorney’s fee[...]

Oct 30, 2014

Bankruptcy — Attorney’s Fees – Services to Estate – Exemption Work – Possible Conversion

In re Paterno (Lawyers Weekly No. 14-05-1012, 7 pp.) (Lena Mansori James, J.) 14-80278; M.B.N.C. Holding: Where $195 of the debtors’ requested attorney’s fees was billed for the debtors’ exemption defense, that amount should be paid from the debtors’ exempt assets and not from property of the estate. However, the remainder of the time billed […]

Oct 23, 2014

Bankruptcy — Objection to Claim – Dischargeability – Domestic Relations – Attorney’s Fees

In re Edinger (Lawyers Weekly No. 14-05-0991, 12 pp.) (Randy Doub, J.) 14-01966-5; E.B.N.C. Holding: Where the debtor-mother’s reprehensible behavior put her children’s health and their relationship with their father at risk and contributed to placing the father in a financial situation that made it difficult for him to meet the children’s needs, the awards […]

Oct 16, 2014

Bankruptcy — Chapter 13 – Bad Faith Filing – Domestic Relations – Contempt – Attorney’s Fee Orders

In re Page (Lawyers Weekly No. 14-05-0968, 12 pp.) (Catharine Aron, J.) 13-51224; M.B.N.C. Holding: Debtor Christina Page admitted that the debtors filed a Chapter 13 petition – despite their lack of regular income – because a Chapter 7 bankruptcy would not allow them to circumvent a domestic relations order requiring Mrs. Page to pay […]

Oct 13, 2014

Judge awards almost $300K in fees in disclosure case

A North Carolina Business Court judge has awarded nearly $300,000 in attorneys’ fees to a team of lawyers who helped a group of shareholders get their hands on behind-the-scenes information about the merger of Harris Teeter with Kroger.

Jun 12, 2014

COA finds no ‘unwarranted refusal,’ awards no attorney fees

When a judge awards attorney fees to the winning party it is an exception to the common law rule that each side pays for his own attorney. In the recent N.C. Court of Appeals decision, Morales v. Garcia, the court followed a North Carolina statute and held that in personal injury/property damage cases, or a […]

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