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Feb 2, 2017

Civil Practice – Personal Jurisdiction – Attorneys – Client Representation – Filing False Affidavits

Jacobs v. Stein (Lawyers Weekly No. 004-001-17, 9 pp.) (Max Cogburn, J.) 3:16-cv-00768; W.D.N.C. Holding: Plaintiff alleges that, while representing a corporation and in furtherance of perpetrating fraud against plaintiff, an out-of-state attorney filed false affidavits in North Carolina courts. The court holds that the filing of false affidavits by an officer, agent or employee […]

Jan 19, 2017

Criminal Practice – Constitutional – Attorneys – Ineffective Assistance Claim – Search & Seizure – Automobile Exception – Miranda Warnings – Spontaneous Statement

State v. Burton (Lawyers Weekly No. 011-025-17, 15 pp.) (Mark Davis, J.) Appealed from Buncombe County Superior Court (Marvin Pope Jr., J.) N.C. App. Holding: There was no evidence that defendant’s vehicle was incapable of movement at the time it was the subject of a warrantless search by Officer Joshua Kingry (after he saw marijuana […]

Jan 5, 2017

Tort/Negligence – Defamation – Attorneys – Absolute Privilege – DHC Proceedings – Relevance

Watts-Robinson v. Shelton (Lawyers Weekly No. 011-013-17, 11 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Linwood Foust, J.) N.C. App. Holding: Central to the hearing before the Disciplinary Hearing Commission was plaintiff’s alleged mismanagement of entrusted client funds, including settlement proceeds in her representation of client Louis Billips; therefore, defendan[...]

Jan 3, 2017

Criminal Practice – Attempted Assault – Show-of-Violence Rule – Attorneys – Impasse

State v. Floyd (Lawyers Weekly No. 010-007-107, 33 pp.) (Barbara Jackson, J.) (Sam Ervin IV, J., not participating) (Paul Newby, J., concurring) (Cherie Beasley, J., concurring in part & dissenting in part) Appealed from Lenoir County Superior Court. On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: “Assault” may be defined as […]

Dec 15, 2016

Civil Practice – Statute of Repose – Attorneys – Legal Malpractice – Paralegal’s Assurances

Doss v. Adams (Lawyers Weekly No. 012-227-16, 8 pp.) (Ann Marie Calabria, J.) Appealed from Nash County Superior Court (Cy Grant, J.) N.C. App. Unpub. Holding: For nine years, plaintiffs were given repeated – false – updates on their medical malpractice case by the paralegal whom the defendant-attorney had designated as plaintiffs’ primary contact at […]

Sep 26, 2016

Criminal Practice – Constitutional – Attorneys – Ineffective Assistance – Immigration – Deportation

State v. Nkiam (Lawyers Weekly No. 010-038-16, 1 p.) (Per Curiam) (Sam Ervin IV, J., not participating) Appealed from Wake County Superior Court (Donald Stephens, J.) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: We improvidently granted discretionary review of our Court of Appeals’ decision (Pleading guilty to aiding and abetting […]

Mar 3, 2016

Criminal Practice – Constitutional – Attorneys – Ineffective Assistance Claim – Self-Defense

State v. Givens (Lawyers Weekly No. 011-080-16, 17 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. Holding: Although defense counsel attempted to fall on his sword by moving for a mistrial on the basis of ineffective assistance of counsel, the record shows that defense counsel not only put […]

Nov 17, 2015

Civil Practice – Unlawful Debt Adjusting – Fee Payment Timing – Attorneys – Unauthorized Practice of Law

State ex rel. Cooper v. Orion Processing, LLC (Lawyers Weekly No.15-15-1042, 7 pp.) (James Gale, C.J.) 2015 NCBC 102 Holding: Plaintiff’s complaint is replete with allegations that defendants, including movant World Law South (WLS), have collected fees for debt settlement services both in advance of and subsequent to the completion of some or all of […]

Jun 16, 2015

Attorneys — Discipline – Censure – Real Property – Closing – Funds Disbursement – Client Communication

North Carolina State Bar v. Scott (Lawyers Weekly No. 15-07-0607, 15 pp.) (Ann Marie Calabria, J.) Appealed from the Disciplinary Hearing Commission. N.C. App. Holding: Where defendant failed to adequately supervise his non-attorney staff, who failed to pay a client’s title insurance premium and property taxes and then failed to promptly respond to the client’s […]

Jun 1, 2015

Attorneys — Fees – Corporate – Records Inspection

Allcorn v. Bradley Creek Boatominium, Inc. (Lawyers Weekly No. 15-15-0537, 4 pp.) (Gregory McGuire, J.) N.C. Bus. Ct. Holding: Since G.S. §§ 55A-16-01(3)(5) 55A-16-02(a) gave the plaintiff-members the right to inspect the defendant-corporation’s most recent financial statements, and since this right does not depend on plaintiffs making the request in good faith or for a […]

Jun 1, 2015

Attorneys — Disqualification – LLC Members – Civil Practice – Pleadings Amendment – Preliminary Injunction

Bolier & Co. v. Decca Furniture (USA), Inc. (Lawyers Weekly No. 15-15-0536, 24 pp.) (Louis Bledsoe III, J.) 2015 NCBC 52 Holding: Where plaintiffs’ counsel was hired by the minority member of the plaintiff-limited liability company without authorization from the LLC’s majority member, counsel is disqualified from representing the LLC. Defendants’ motion to disqualify plaintiffs’ [&hell[...]

May 14, 2015

Attorneys — Constructive Trust – Tort/Negligence – Settlement Funds – ERISA Lien

Barnhill Contracting Co. v. Oxendine (Lawyers Weekly No. 15-02-0493, 14 pp.) (Louise Flanagan, J.) 7:14-cv-00211; E.D.N.C. Holding: Where an ERISA plan administrator seeks a declaration as to its reimbursement and recovery rights under the plan for specifically identifiable funds – settlement proceeds up to $69,117.31 in medical benefits paid – in the possession and control […]

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