4th Circuit: District Court erred when it failed to heed remand order
Where this court previously held that school officials were entitled to public official immunity and that the claims against them must be dismissed, the District Court erred when it allowed […]
Contract – Settlement Agreement – Due Diligence Period – Notice & Filing Suit
The parties’ settlement agreement gave plaintiffs time to do due diligence and decide whether they wished to release their claims against defendants; however, if, by the end of the due […]
Civil Practice — Service of Process – Due Diligence – Prior to Suit – Taxation – Real Property – Foreclosure
Watauga County v. Beal (Lawyers Weekly No. 011-312-17, 12 pp.) (Wanda Bryant, J.) Appealed from Watauga County District Court (Hal Harrison, J.) N.C. App. Holding: The plaintiff-county knew, from […]
Civil Practice – Service of Process – By Publication – Due Diligence – Records Searches & Service Attempts
City of Greensboro v. Fewell (Lawyers Weekly No. 012-001-17, 15 pp.) (Valerie Zachary, J.) Appealed from Guilford County Superior Court (Richard Gottlieb, J.) N.C. App. Unpub. Holding: The plaintiff-city searched […]
Domestic Relations – Tort/Negligence – Alienation of Affection & Criminal Conversation – Constitutional – Civil Practice – Appeals
Shackelford v. Lundquist (Lawyers Weekly No. 14-16-0443, 17 pp.) (Linda McGee, J.) Appealed from Guilford County District Court (Betty Brown, J.) N.C. App. Unpub. Holding: Defendant failed to show due […]
Contract – Default – Service of Process – Due Diligence
Jones v. Wallis. (Lawyers Weekly No. 11-07-0392, 15 pp.) (Sanford L. Steelman Jr., J.) Appealed from Guilford County Superior Court. (Catherine C. Eagles & Edgar B. Gregory, JJ.) N.C. App. […]
Criminal Practice – Armed Robbery – MAR – Newly Discovered Evidence – Gun’s Inoperability – Credibility – Due Diligence – Oral Order
State v. Williamson. (Lawyers Weekly No. 10-07-0879, 43 pp.) (Ann Marie Calabria, J.) (James A. Wynn Jr., J., dissenting) Appealed from Forsyth County Superior Court. (William Z. Wood Jr., […]
There is an overlooked art to due diligence in commercial real estate
Title and survey? Check. Environmental report? Check. Reconciled operating statements, 12 months trailing? Check. Rent roll, certified by the seller? Check. All of these items and many others are part of necessary due diligence associated with buying a property. Much of the drill is scripted and overseen [...]
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