Swan Beach Corolla, L.L.C. v. County of Currituck (Lawyers Weekly No. 012-002-16, 10 pp.) (Chris Dillon, J.) (Robert Hunter Jr., J., concurring in the result only) Appealed from Currituck County Superior Court (Cy Grant, J.) N.C. App. Unpub. Holding: The ...

Tagged with: collateral estoppel

Lancaster v. Harold K. Jordan & Co. (Lawyers Weekly No. 15-07-0850, 17 pp.) (Douglas McCullough, J.) Appealed from New Hanover County Superior Court (John Jolly Jr., J.) N.C. App. Holding: Plaintiffs are collaterally estopped from litigating essentially the same claims ...

Tagged with: collateral estoppel

Friscia v. Bank of America, N.A. (Lawyers Weekly No. 15-16-0560, 10 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court (Nathaniel Poovey, J.) N.C. App. Unpub. Holding: In defendants’ foreclosure action, plaintiffs raised the same fraud issues that they ...

Tagged with: collateral estoppel foreclosure

Mavilla v. Absolute Collection Service, Inc. (Lawyers Weekly No. 15-16-0423, 14 pp.) (Mark Davis, J.) Appealed from Wake County Superior Court (Robert Johnson, J.) N.C. App. Unpub. Holding: After a disputed hospital bill was sent to collection, plaintiffs filed three ...

Tagged with: collateral estoppel Interlocutory Appeal

In a recent decision, North Carolina Court of Appeals elected to follow the First Restatement of Judgments instead of the more recent Second Restatement on the issue of collateral estoppel, potentially opening the issue to Supreme Court review. Matt Sawchak, ...

Tagged with: collateral estoppel Court of Appeals

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.

Tagged with: Attorneys Civil Practice collateral estoppel conflict of interest Contract Fees

Wilkins v. Farah In a prior lawsuit between plaintiff and her former employer, this court determined that plaintiff’s use of the prescription drug Adderall did not lead to her termination. In the present lawsuit against the doctor who prescribed Adderall, plaintiff is collaterally estopped from claiming she lost her job because of the drug.

Tagged with: Civil Practice collateral estoppel Medical Malpractice Tort/Negligence

Harmon v. Hunt In the unpublished opinion of Harmon v. Frangis, 197 N.C. App. 231, 676 S.E.2d 670 (2009), this court concluded that plaintiff’s counsel therein (and defendants herein) acted within plaintiff’s authority when they negotiated a settlement with Frangis. In this legal malpractice action, plaintiff seeks to re-litigate the issue of whether the defendant-attorneys acted without her authority in reaching the settlement with Frangis.

Tagged with: Attorneys Civil Practice collateral estoppel Legal Malpractice Claim settlement Tort/Negligence

State v. Cornelius Even though defendant was in the hospital when he made three statements to the police, the state presented evidence that he was alert, oriented and able to interact with others; in fact, defendant was alert enough to make up a false story exonerating himself during his first police interview. Although defendant had been given Dilaudid before the first interview, the state presented evidence that, at the time of defendant’s first statement, the drug’s effects would have worn off.

Tagged with: collateral estoppel Criminal Practice Felony Murder

State v. Cornelius Even though defendant was in the hospital when he made three statements to the police, the state presented evidence that he was alert, oriented and able to interact with others; in fact, defendant was alert enough to make up a false story exonerating himself during his first police interview. Although defendant had been given Dilaudid before the first interview, the state presented evidence that, at the time of defendant’s first statement, the drug’s effects would have worn off.

Tagged with: collateral estoppel Criminal Practice Felony Murder