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Tag Archives: collateral estoppel

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 – Collateral Estoppel – Tort/Negligence – Medical Malpractice – Prescription Drug – Job Loss – Prior ADA Case (access required)

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.

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Civil Practice – Collateral Estoppel – Tort/Negligence – Attorneys – Legal Malpractice Claim – Settlement (access required)

Harmon v. Hunt In the unpublished opinion of Harmon v. Frangis, 197 N.C. App. 231, 676 S.E.2d 670 (2009), this court concluded that plaintiff’s counsel therein (and defendants herein) acted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.

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Criminal Practice – Voluntary Confession – Hospital Medications – Collateral Estoppel – Prior Burglary Conviction – Felony Murder (access required)

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.

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Criminal Practice – Voluntary Confession – Hospital Medications – Collateral Estoppel – Prior Burglary Conviction – Felony Murder (access required)

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.

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