North Carolina Lawyers Weekly

Sep 12, 2011

Labor & Employment – Public Employees – Dismissal – Insubordination — Unacceptable Personal Conduct – Hanging Up on Supervisors

West v. North Carolina Department of Transportation Where petitioner hung up on her supervisors (during three phone calls) while they were attempting to instruct her regarding her job, petitioner was insubordinate within the meaning of 25 N.C.A.C. 1J.0614(h). Furthermore, hanging up three times on supervisors qualifies as “detrimental to state service” as, without speaking to petit[...]

Jun 10, 2011

Civil Practice – Attorneys – Criminal Contempt – Sanction – Dismissal – Disciplinary Order – Co-Counsel Required

Ray v. Greer Plaintiffs knew their attorney was required by a disciplinary order to practice only with co-counsel. After plaintiffs' attorney and her original co-counsel reached an impasse over a difference in trial strategy, plaintiffs chose to remain represented by their attorney, and they stayed with her even when she failed to comply with a court order to obtain substitute co-counsel [...]

May 4, 2011

Bankruptcy – Chapter 7 – Retired CFO – Dismissal – Abuse

Calhoun v. U.S. Trustee The 4th Circuit says a retired chief financial officer for a hospital and his wife, who had monthly income of $8,772, cannot overturn dismissal, for abuse, of their Chapter 7 bankruptcy petition seeking a discharge of $106,707 in unsecured debt.

Jan 27, 2011

Arbitration – Termination – Dismissal – Confirmation of Award – Arbitrator’s Costs & Fees

Blackwater Security Consulting, LLC v. Nordan. The defendant's motion to vacate an order for the parties to engage in mandatory arbitration, as called for in underlying service agreements executed by the . . .

Dec 22, 2010

Civil Practice – Rule 41(b) Dismissal – Failure to Prosecute – Prisoner – Attorneys – Legal Malpractice Claim

Cohen v. McLawhorn. (Lawyers Weekly No. 10-07-1214, 21 pp.) (Martha A. Geer, J.) Appealed from Pitt County Superior Court. (William C. Griffin Jr., J.) N.C. App. Click here for the […]

Nov 9, 2010

Civil Practice – Interlocutory Appeal – Substantial Right – Contract – Lis Pendens – Constructive Trust – Dismissal

Superior Construction Corp. v. Intracoastal Living, LLC. (Lawyers Weekly No. 10-16-1067, 9 pp.) (Martha A. Geer, J.) Appealed from Brunswick County Superior Court (John R. Jolly Jr., J.) N.C. App. […]

Oct 14, 2010

Civil Practice – Assignments of Error – Standard of Review – Dismissal

Miller v. Ellwood. (Lawyers Weekly No. 10-16-0971, 7 pp.) (Wanda G. Bryant, J.) Appealed from Wake County District Court (Christine M. Walczyk, J.) N.C. App. Unpub. Click here for the […]

Oct 5, 2010

Civil Practice – Two-Dismissal Rule – G.S. § 1A-1, Rule 41 (a)(1) – Personal Jurisdiction – Rule 12(b)(1)

Boggs v. Davis. The trial court erred by granting the defendant's motion to dismiss under G.S. § 1A-1, Rule 12(b)(1) pursuant to the "two-dismissal rule" in G.S. § 1A-1, Rule 41(a)(1) where the plaintiff filed only one voluntary dismissal, and the second dismissal had been entered by the trial court.

Sep 14, 2010

Criminal Practice – DWI – Dismissal – State’s Appeal – Motion to Suppress – Double Jeopardy

State v. Bowens. (Lawyers Weekly No. 10-16-0906, 6 pp.) (Rick Elmore, J.) Appealed from Mecklenburg County Superior Court. (James Gregory Bell, J.) N.C. App. Unpub. Holding: Where defendant moved to […]

Aug 6, 2010

Criminal Practice – SBM – Appeals – Written Notice Required – Dismissal

State v. Inman. (Lawyers Weekly No. 10-07-0754, 7 pp.) (Barbara Jackson, J.) (Donna S. Stroud, J., dissenting) Appealed from Onslow County Superior Court. (Charles H. Henry, J.) N.C. App. Holding: […]