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. “Issuing an order of sanctions is a somber task for ...

Tagged with: discovery

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 fact and conclusions of law, and where the trial court ...

Tagged with: discovery

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 agreement, the arbitration provision’s ban on discovery arguably puts plaintiff ...

Tagged with: 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 keeps an exponentially larger number of documents much closer to ...

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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 would permit one superior court judge to alter the prior ...

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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 documents, and where defendant’s founder gave untruthful answers about such ...

Tagged with: discovery

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 plaintiff-patient to a wheelchair, he sought to discover the operative ...

Tagged with: discovery malpractice Medical Records

Wheeless v. Maria Parham Medical Center, Inc. (Lawyers Weekly No. 14-16-0692, 9 pp.) (Ann Marie Calabria, J.) Appealed from Vance County Superior Court (Elaine Bushfan, J.) N.C. App. Unpub. Holding: Where Judge Hardin had already ruled that the discovery materials ...

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Britt v. Cusick (Lawyers Weekly No. 14-07-0002, 10 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court (James W. Morgan, J.) N.C. App. Holding: When plaintiffs’ counsel’s paralegal could not get defendants to produce documents, plaintiffs claimed spoliation ...

Tagged with: discovery paralegal

McCarthy v. City of Charlotte Where plaintiffs’ decedent died after being Tasered by a police officer, and where plaintiffs contend that the defendant-city has or had in place a deficient program of police training and supervision that has resulted in the use of excessive force by untrained or improperly trained officers, plaintiffs have stated a claim against the city under 42 U.S.C. § 1983.

Tagged with: discovery