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Tag Archives: Civil Practice

Tort/Negligence – Defamation – Performer’s DVD – Edited Arrest Recording – Appropriation – Unfair Trade Practices – Civil Practice – Discovery – Admissions – Damages (access required)

Nguyen v. Taylor By failing to respond to plaintiffs’ request for admissions, defendant Taylor admitted (1) that he defamed plaintiffs by placing on a DVD a doctored recording that made it appear - falsely - that Taylor was wrongfully arrested and (2) he made more than $10 million from sales of the DVD.

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Civil Practice – Pleadings – Amendment – Relation Back – Complaint Verification – Rule 11 – First Impression (access required)

Estate of Livesay v. Livesay Forty-two days after the complaint and summonses had been issued - but before any responsive pleadings had been filed - plaintiff’s counsel discovered that the complaint had not been signed or verified. Counsel quickly filed an amended, signed complaint. Pursuant to N.C. R. Civ. P. 11 and 15, the trial court had subject matter jurisdiction over the complaint.

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Civil Practice – Discovery – Medical Records – Tort/Negligence – Negligent Infliction of Emotional Distress – Tax Records – Wrongful Termination (access required)

Young v. Kimberly-Clark Corp. When plaintiff alleged negligent infliction of emotional distress, she put her medical condition at issue; therefore, she waived the statutory privileges accorded communications between a patient and her medical providers.

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Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding (access required)

Hardig v. Certainteed Corp. Even if the plaintiff class were limited to the 501 homes in the Fieldstone Farms subdivision in Indian Trail, the materials alone for replacing the allegedly defective siding would cost $4,000 per home, and plaintiffs seek treble damages under the N.C. Unfair and Deceptive Trade Practices Act; therefore, the amount in controversy for the materials alone exceeds $6 million.

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Tort/Negligence – Fraud – Civil Practice – Statute of Limitations – Unfair Trade Practices – Parol Evidence Rule (access required)

Wood v. South Carolina Bank & Trust Co. of the Piedmont, N.A. As late as May 13, 2008, plaintiff continued to follow the defendant-bank’s instructions and contracted to sell his home. Plaintiff did not learn of the bank’s purported fraud until after the bank allegedly blocked this sale, which was in late June. Based on plaintiff’s allegations, he filed his June 20, 2011 complaint within the three-year statute of limitations for fraud.

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Bankruptcy – Civil Practice – Subject Matter Jurisdiction – Tort/Negligence (access required)

McDaniel v. Blust The 4th Circuit upholds a district court’s dismissal of claims by former officers of debtor corporation against the trustee’s law firm, hired to pursue an adversary action against the officers and sued by the former officers for invasion of privacy, breach of fiduciary duty and civil conspiracy; the trial court did not err in applying the Barton doctrine to dismiss the officers’ claims

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Labor & Employment – Breach of Contract – Damages – Salary – Civil Practice – Pleadings – Supplementation – Relation Back (access required)

Panos v. Timco Engine Center, Inc. The parties’ employment contract provided that, if defendant fired plaintiff without cause, defendant would be required to pay plaintiff’s salary for a year following his termination. When plaintiff filed his complaint, only three months had passed. Even though more than three years had elapsed when plaintiff moved to amend his complaint to seek the other nine months’ worth of salary, the amendment related back under N.C. R. Civ. P. 15.

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Labor & Employment – Public Employees – Civil Practice – Administrative – Judicial Review — Writ of Certiorari (access required)

Gasper v. Board of Trustees Since there were no policies provided by Halifax Community College or by statute to establish procedures for the review of a decision by HCC’s board of trustees to dismiss an employee, in order to obtain judicial review of his termination, plaintiff could only petition for writ of certiorari. The superior court lacked subject matter jurisdiction over plaintiff’s complaint.

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