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Tag Archives: Attorneys

Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack (access required)

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

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Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack (access required)

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

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Attorneys – Unauthorized Practice of Law – Civil Practice – Declaratory Judgment Action – Prepaid Legal Services Plan – Registration (access required)

LegalZoom.com, Inc. v. North Carolina State Bar One of plaintiff’s claims seeks a declaration as to what statutory powers the State Bar has when there has been no final court determination with regard to an alleged unauthorized practice of law. The complaint adequately states a claim for a declaratory judgment as to the scope of the State Bar’s powers. The State Bar’s motion to dismiss is denied as to this claim.

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Attorneys – Civil Practice – Discovery – Deposition – Corporate Counsel – Intellectual Property — Patent (access required)

Buyer’s Direct Inc. v. Belk, Inc. Documents produced in discovery show that defendants’ in-house counsel has direct personal knowledge of non-privileged facts relating to another lawsuit in which defendants were accused of infringing on their suppliers’ designs and manufacturing products based on such designs under their own private label. Plaintiff seeks to depose defendants’ in-house counsel as a fact witness, and defendants have not shown that such a deposition would be overly disruptive or burdensome to defendant.

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Attorneys – Fees – Contract – Conflict of Interest – Incompetent – Civil Practice – Collateral Estoppel (access required)

Keyes v. Johnson In a guardianship proceeding, the clerk of court found a conflict of interest and removed the plaintiff-attorney as counsel for defendant’s ward and the ward’s wife. Since the attorney did not appeal that order, she was collaterally estopped from seeking fees pursuant to her contract with the ward and his wife.

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Civil Practice – Discovery – Sanctions – Attorneys (access required)

Pitts v. McClanahan Even though, after the court issued an order compelling discovery, plaintiff still failed to provide complete responses to defendants’ discovery requests, plaintiff’s counsel states that he filed this action because of the impending statute of limitations, that he lacks experience litigating in federal court and that much of the information requested by defendants was unavailable at the time.

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