Kedar v. Patel (Lawyers Weekly No. 012-152-17, 7 pp.) (Ann Marie Calabria, J.) Appealed from Mecklenburg County Superior Court (Robert Ervin, J.) N.C. App. Unpub. Holding: Even though plaintiff captioned his motion as a motion for contempt and to show ...

Tagged with: discovery sanctions

Arnold v. Insurance Co. of the State of Pennsylvania (Lawyers Weekly No. 15-16-0048, 18 pp.) (Lisa Bell, J.) Appealed from Edgecombe County Superior Court (Quentin Sumner, J.) N.C. App. Unpub. Holding: A $2.4 million discovery sanction was not for plaintiff’s ...

Tagged with: Contempt discovery sanctions

Rekechinsky v. Griffiths. (Lawyers Weekly No. 10-16-0900, 6 pp.) (Elmore, Rick, J.) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.) N.C. App. Unpub. Holdings: The trial court abused its discretion by granting an order to compel production of ...

Tagged with: discovery discovery sanctions motion to compel Prejudice sanctions Tort/Negligence Wake County

A Wake County auto tort plaintiff will get a new trial after the Court of Appeals held that the trial court abused its discretion by ordering production of documents and simultaneously sanctioning him for failing to comply with its order. The trial court sanctioned the plaintiff by excluding two medical bills totaling $3,455 from evidence. Noting that the jury considered $8,705 of medical bills before awarding $12,000, the Court of Appeals posited that "the jury intended to cover all medical bills stemming from the accident plus an additional amount for pain and suffering."

Tagged with: auto accident discovery discovery sanctions new trial sanctions Wake County

A homicide investigator's handwritten notes have become the focus of what some attorneys are calling the biggest murder trial in Charlotte in a decade. The case, State v. Montgomery, involves the killing of two Charlotte-Mecklenburg police officers in 2007. Attorney Bill Powers of Charlotte-based Powers McCartan said if police officers and prosecutors don't turn over their entire file, except for work product, they may be subject to sanctions. Powers is not involved in Montgomery.

Tagged with: Criminal Defense Criminal Practice discovery discovery sanctions discovery violations murder

Owen v. Eubanks. (Lawyers Weekly No. 10-16-0781, 8 pp.) (Rick Elmore, J.) Appealed from Transylvania County Superior Court. (A. Robinson Hassell, J.) N.C. App. Unpub. Holding: A defendant who ignored multiple deposition notices was appropriately sanctioned when the trial court ...

Tagged with: Civil Practice Deposition discovery discovery sanctions notice

In re Estate of Johnson. (Lawyers Weekly No. 10-07-0666, 14 pp.) (Donna S. Stroud, J.) Appealed from Sampson County Superior Court. (W. Allen Cobb Jr., J.) N.C. App. Holding: The propounder of a will who repeatedly disobeyed court orders to ...

Tagged with: discovery sanctions trusts & estates will

By PAUL THARP, Staff Writer paul.tharp@nc.lawyersweekly.com A man who subpoenaed a law firm that represented his ex-fiancée in a dispute over an engagement agreement has to pay the law firm for the time it spent responding to what the trial court ...

Tagged with: discovery discovery sanctions Family Law first impression

In re Will of Aiken. (Lawyers Weekly No. 10-16-0529, 20 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County Superior Court. (Linwood Foust, Forrest D. Bridges, Robert P. Johnston & Yvonne Mims Evans, JJ.) N.C. App. Unpub. Holding: Caveators’ ...

Tagged with: Civil Practice discovery discovery sanctions Mecklenburg County trusts & estates will