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Tag Archives: Attorneys

Attorneys – Fee Awards – Prevailing Parties – Justiciable Issue – Summary Judgment – First Impression – Civil Rights – Open Meetings (access required)

Free Spirit Aviation Inc. v. Rutherford Airport Auth. (Lawyers Weekly No.10-07-0739, 19 pp.) (Martha A. Geer, J.) Appealed from Rutherford County Superior Court (Mark Powell, J.) Holding: When awarding attorney’s fees, a court may designate both a defendant and a ...

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Attorneys – Tort/Negligence – Personal Injury – Settlement Proceeds – Medical Expenses – Contingency Fee (access required)

T.A. Loving Co. v. Denton. (Lawyers Weekly No. 10-02-0723, 10 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Where the defendant-attorney and his law firm were not signatories to plaintiff’s health-care plan, did not otherwise agree to disburse funds in accordance ...

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Criminal Practice – Attorneys – Right to Counsel – Forfeiture of Trial Counsel – Term of Forfeiture – First Impression – Appellate Counsel – Re-Sentencing (access required)

State v. Boyd. (Lawyers Weekly No. 10-07-0677, 9 pp.) (Sam Ervin IV, J.) Appealed from Halifax County Superior Court. (Alma L. Hinton, J.) N.C. App. Holding: Even though defendant forfeited his right to representation by counsel at trial, since he ...

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Attorneys – Ethics – Rules of Professional Conduct – Judicial Code of Conduct – Intentional Misrepresentation (access required)

North Carolina State Bar v. Hunter. (Lawyers Weekly No. 10-07-0521, 24 pp.) (Linda M. McGee, J.) Appealed from the Disciplinary Hearing Committee of the N.C. State Bar. N.C. App. Unpub. Holding: The defendant’s use of the moniker “Madame Justice” constituted ...

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Breach of Fiduciary Duty – Constructive Fraud – Civil Practice – Statute of Limitations – Attorneys – Unjust Enrichment (access required)

Capps v. Blondeau. N.C. Bus. Ct. Holding: Plaintiff's allegations of breach of fiduciary duty and constructive fraud so pervade all her claims that all her claims against the defendant-attorney and the defendant-stock broker are governed by the 10-year statute of limitations for constructive fraud.

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