Free Newsletter
Civil Practice – Appeals – Sovereign Immunity – Waiver – Declaratory Judgment – Landlord/Tenant – Commercial Lease
Can Am South, LLC v. State (Lawyers Weekly No. 14-07-0499, 20 pp.) (Robert C. Hunter, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: Pursuant to N.C. R. Civ. P. 12(b)(2), defendants moved to dismiss plaintiff’s declaratory judgment claim for lack of personal jurisdiction on the basis of sovereign immunity. Pursuant […]
Taxation – Civil Practice – Appeals – Administrative – Declaratory Judgment Action
Gust v. North Carolina Department of Revenue (Lawyers Weekly No. 14-07-0374, 6 pp.) (Rick Elmore, J.) Appealed from Cleveland County Superior Court (Robert Sumner, J.) N.C. App. Holding: G.S. § 105-241.19 specifically prohibits a taxpayer from filing a declaratory judgment action to contest his tax liability; instead, a taxpayer may challenge the N.C. Department of […]
Insurance – Auto — Duty to Indemnify – Dealership Car – Tour Company Errand
National Interstate Insurance Co. v. Morgan & Sons Weekend Tours, Inc. At issue in this declaratory judgment case is whether a tour company’s auto insurance policy provides coverage for an accident that happened while defendant Morgan, who owns both the tour company and a car dealership, was using a car owned by the dealership to drive to the tour company to open the bus lot for an[...]
Intellectual Property – Trademark – Netherlands Flag – Antitrust – Noerr-Pennington Doctrine
RE/MAX LLC v. M.L. Jones & Associates, Ltd. Even if plaintiff’s trademark has become incontestable, it may still be canceled if it was obtained contrary to 15 U.S.C. § 1052(b), which prohibits registrations of foreign flags or their simulations. Defendants identify the similarities between plaintiff’s trademarks and the flag of the Netherlands’ red-over-white-over-blue horizont[...]
Real Property – Restrictive Covenants – Waiver – Civil Practice – Standing – Neighboring Landowners
McCrann v. Pinehurst, LLC The owners of land adjacent to Pinehurst’s Village Green lack standing to contest Pinehurst, LLC’s waiver of restrictions on use of the Village Green land by the land’s owners:
Labor & Employment – Wage & Hour Act – Incentive Plan – Payment Schedule – Tort/Negligence – Unjust Enrichment Claim – Civil Practice – Declaratory Judgment
Dulaney v. Inmar, Inc. Before Jan. 1, 2010, the defendant-employer gave the plaintiff-employee a copy of its “2010 Promotion Services Rebate and Fulfillment Services Sales and Renewal Incentive Plan.” According to the Plan, incentive payments were to be made approximately six weeks after the end of the quarter in which the qualifying sales were made; moreover, one had to be a Plan par[...]
Civil Practice – Declaratory Judgment – Mootness – Labor & Employment – Public Employees – Breach of Contract Allegation
Hindman v. Appalachian State University Where the Feb. 10, 2011 complaint sought only a declaratory judgment that defendants had breached the plaintiff-professors’ contracts by reducing their salaries by 0.5 percent for the 2008-09 academic year, defendants were entitled to summary judgment on mootness grounds.
Administrative – Prisons & Jails – APA – Council of State – Lethal Injection Protocol – First Impression — Declaratory Judgment
Conner v. North Carolina Council of State Even though the Council of State is subject to the Administrative Procedure Act, since the Department of Correction is exempt from the APA, when the Council of State reviews the DOC’s lethal injection protocol, the APA does not apply. We modify and affirm the superior court’s dismissal of the petition. Petitioners are DOC inmates who hav[...]
Real Property – Office Park Declaration – Stormwater Retention Pond Maintenance – Civil Practice – Declaratory Judgment – Summary Judgment — Continuance Motion
Beaches West Developments, Ltd. v. North Carolina Eye, Ear, Nose & Throat, P.A. Defendants produced an affidavit from an expert in landscape architecture forecasting testimony that the stormwater retention pond for the parties’ office park is in compliance with all city regulations and, to the extent required, with the customary standards of a Class A office park. Plaintiff, on the [...]
Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal
Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.
Civil Practice – Consent Judgment – Enforcement – Rule 70 Inapplicable – Declaratory Judgment – Real Property – Avigation Easement
Sampson County v. Parker Family Real Estate, LLC. (Lawyers Weekly No. 11-16-0438, 11 pp.) (Linda Stephens, J.) Appealed from Sampson County Superior Court. (Benjamin G. Alford, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: In order to enforce the avigation easement plaintiffs obtained in the parties’ consent judgment, plaintiffs […]
Insured recovers on counterclaim for malicious prosecution over Wilson fire
Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to North Carolina, Cully’s was incorporated in North Carolina and began purchasing, refurbishing and selling/renting homes in the historic district of Wilson. Laurie was the sole […]
Top Legal News
- Budget splits insurance commissioner, fire marshal’s jobs
- Judge rules Trump committed long-running fraud
- FTC, 17 states sue Amazon in federal court
- JPMorgan to pay $75M on Epstein trafficking claim
- Hunter Biden sues Giuliani over computer data access
- Technology and legal education
- NC Medicaid expansion launches Dec. 1
- Whistleblowers want court to continue Paxton lawsuit
- Attorneys: First Amendment protects Trump in ‘insurrection’ cases
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
