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discovery

Aug 24, 2016

Civil Practice – Discovery – Work Product Doctrine – Domestic Relations – Parent & Child – Visitation Videos – Undue Hardship

Berens v. Berens (Lawyers Weekly No. 012-162-16, 14 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County District Court (Matt Osman, J.) N.C. App. Unpub. Holding: Even though the plaintiff-father could […]

Jul 20, 2016

Civil Practice – Discovery – Attorney-Client Privilege – Email Subject Line – First Impression – Work Product & Joint Defense Privilege – In Camera Review

Sessions v. Sloan (Lawyers Weekly No. 011-240-16, 27 pp.) (Robert Hunter Jr., J.) Appealed from Forsyth County Superior Court (L. Todd Burke, J.) N.C. App. Holding: The subject lines of […]

Jun 7, 2016

Attorneys – Attorney-Client Privilege – Civil Practice – Discovery – Common Interest Doctrine – Asset Sale – Indemnity Clause – Landlord/Tenant – Commercial Lease

Friday Investments, LLC v. Bally Total Fitness of the Mid-Atlantic, Inc. (Lawyers Weekly No. 011-181-16, 18 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Jesse Caldwell III, J.) […]

May 3, 2016

Workers’ Compensation – Attorneys’ Fee Award – Unfounded Litigiousness – Discovery Violation – Unsupported Bases

Campbell v. Garda USA, Inc. (Lawyers Weekly No. 011-155-16, 9 pp.) (Richard Dietz, J.) Appealed from the Industrial Commission. N.C. App. Holding: Although defendant’s discovery violation would support the Industrial […]

Apr 5, 2016

Civil Practice – Appeals – Interlocutory – Discovery – Post-Arbitration Award – Domestic Relations – Equitable Distribution – FLAA

Stokes v. Crumpton (Lawyers Weekly No. 011-128-16, 28 pp.) (Donna Stroud, J.) (Ann Marie Calabria, J., dissenting) Appealed from Wake County District Court (Anna Worley, J.) N.C. App. Holding: Even […]

Feb 16, 2016

NC lawyer, client ordered to pay nearly $35K

A South Carolina trial judge has slapped a North Carolina lawyer and his client with nearly $35,000 in sanctions for engaging in abusive discovery tactics during a wrongful death case. […]

Feb 2, 2016

Civil Practice – Discovery – Parties’ Emails – Work Product Doctrine – Appeals

Maldjian v. Bloomquist (Lawyers Weekly No. 011-041-16, 12 pp.) (Rick Elmore, J.) Appealed from Davie County Superior Court (Mark Klass, J.) N.C. App. Holding: Where neither party requested findings of […]

Jan 26, 2016

Arbitration – Unconscionability Claim – Lack of Discovery – Sophisticated Parties – Delaware Law

Taggart v. Physicians Pharmacy Alliance, Inc. (Lawyers Weekly No. 020-009-16, 10 pp.) (Gregory McGuire, J.) N.C. Bus. Ct. Holding: Now that a dispute has arisen under the parties’ stock purchase […]

Dec 16, 2015

Federal courts usher in big changes to rules for discovery

Discovery, the all-important quest for information on which litigation depends, used to involve digging through warehouses full of paper documents, piled sky-high in cardboard boxes. Today, of course, electronic storage […]

Oct 15, 2014

Civil Practice — Discovery – Depositions – Limitations – Requests for Admissions

Taidoc Technology Corp. v. OK Biotech Co. (Lawyers Weekly No. 14-15-0964, 18 pp.) (Louis Bledsoe III, J.) 2014 NCBC 48 Holding: Although there have been no changes in circumstances that […]

Oct 9, 2014

Civil Practice — Discovery – Sanctions – Intellectual Property – Trademark – Ownership

Beach Mart, Inc. v. L&L Wings, Inc. (Lawyers Weekly No. 14-02-0950, 34 pp.) (James Fox, Sr. J.) 2:11-cv-00044; E.D.N.C. Holding: Where defendant was negligent in maintaining and searching for important […]

Sep 2, 2014

Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties

Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: After surgical complications confined the […]


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