Quantcast
Home (page 2)

Tag Archives: collateral estoppel

Attorneys – Tort/Negligence – Legal Malpractice – Civil Practice – Collateral Estoppel – Statute of Limitations (access required)

Royster v. McNamara In a prior fraud case against the current plaintiff — Kevin Royster — and other employees in a family business, the family’s motion for a new trial was denied, and this court affirmed the denial. However, in the fraud case, both the jury instructions and the new trial motion applied to the family as a group and not to Mr. Royster individually. There was evidence that Mr. Royster had no dealings with the fraud plaintiff. Mr. Royster’s legal malpractice claim against the family’s attorney in the fraud case is not barred by collateral estoppel.

Read More »

Intellectual Property – Copyright & Trademark Infringement – Civil Practice – Collateral Estoppel – Corporate Judgment – Officer’s Individual Liability (access required)

Universal Furniture International, Inc. v. Frankel In a lawsuit against one of only two officers and part owner of Collezione Europa USA, Inc., the defendant is collaterally estopped from denying Collezione’s infringements of plaintiff’s copyright and trademark, which were established in a separate lawsuit. Plaintiff’s motion for summary judgment is granted as to the issue of collateral estoppel on the question of defendant’s liability. The motion is denied as to the issue of collateral estoppel on the question of damages.

Read More »

Civil Practice – Personal Jurisdiction – Collateral Estoppel — German Companies – Intellectual Property – U.S. & European Patents (access required)

Steag Energy Services GmbH v. Ebinger Plaintiff’s addition of a slander of title claim and some new evidence is not enough to allow the court to reconsider a prior decision of the N.C. Court of Appeals, which held that N.C. courts lack personal jurisdiction over the German defendants. Defendants’ motion to dismiss is granted.

Read More »

Tort/Negligence – Interference with Contract – Civil Practice – Collateral Estoppel – IIED – MBA School (access required)

Vurimindi v. Link In a prior lawsuit in Pennsylvania, plaintiff’s claims against several of the defendants were dismissed for lack of personal jurisdiction. However, as to a defendant over whom the court in Pennsylvania had jurisdiction, plaintiff’s claim of tortious interference with contract was dismissed because of plaintiff’s failure to show the existence of a contract between plaintiff and Duke University. Collateral estoppel thus bars plaintiff’s claims of tortious interference with contract based on his alleged contract with Duke.

Read More »

Civil Practice – Collateral Estoppel – Default Judgment – Fraud – Dischargeability (access required)

Raleigh Plumbing & Heating, Inc. v. Lamanna Even though the defendant-debtor had a full and fair opportunity to litigate the plaintiff’s fraud claim in state court, the state court’s no-response default judgment was not the result of the actual litigation of plaintiff’s fraud claim. Plaintiff is not entitled to summary judgment.

Read More »

Real Property – Restrictive Covenants – Assessments Authority – Civil Practice – Collateral Estoppel – Prior Collection Action (access required)

Snider v. Tull’s Bay Colony Property Owners Association, Inc. In a prior action by the defendant-property owners’ association to collect an assessment against the plaintiff-owners, the trial court ruled that the restrictive covenants in plaintiffs’ deed did not give the association authority to impose assessments. Although the association amended its bylaws to apply the Planned Community Act to the parties’ subdivision, the association is nevertheless collaterally estopped from imposing assessments. We reverse the trial court’s grant of summary judgment in favor of the association. Plaintiffs are entitled to judgment as a matter of law.

Read More »

Civil Practice – Collateral Estoppel – Tort/Negligence – Prior Federal Case – Civil Rights Claim – Same Causation Issue (access required)

Puckett v. North Carolina Department of Correction In plaintiff's unsuccessful federal court suit, he brought claims against the individual defendants under 42 U.S.C. § 1983, while, in this state court action he alleges the individual defendants were negligent. In both cases, the court was asked to decide whether the individual defendants caused plaintiff's injuries. Plaintiff's negligence claim is barred by collateral estoppel.

Read More »

Civil Practice – Issue Raised on Appeal – Breach of Contract – Collateral Estoppel (access required)

Crumpler v. Avenir Development LLP. Plaintiffs are not entitled to relief when their appeal of a summary-judgment ruling fails to address the arguments raised by defendants below. If the defendants raised issues about a previous settlement agreement between . . .

Read More »

Tort/Negligence – Collateral Estoppel – Arbitration – Legal Malpractice – Summary Judgment (access required)

WHD, L.P. v. Lawyers Mutual Liability Co. of N.C. The plaintiff was collaterally estopped from bringing a claim against an attorney where the same plaintiff previously brought a claim against him for negligent misrepresentation and malpractice as an attorney in its demand for arbitration.

Read More »