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Tag Archives: expenses

Civil Practice – Discovery – Contract – Aircraft Lease – Expenses (access required)

Rayfield Aviation, LLC v. Lyon Aviation, Inc. Defendant contends plaintiff was having financial difficulties that motivated plaintiff to bring this allegedly frivolous lawsuit. However, since the “motive” for the suit is not relevant to the actual breach of contract claims raised in this case, defendant is not entitled to discover plaintiff’s financing and revenue information.

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Domestic Relations – Parent & Child – Support – Modification – Attorney’s Fees – Expenses — Expert Witness (access required)

McKinney v. McKinney Although the parties’ separation agreement only required the defendant-father to pay $2,250 per month in child support, for two years he paid $4,750 per month. He then unilaterally reduced his payment to $2,250 per month, demanded that the plaintiff-mother and the parties’ child move out of the house he had been providing for them, and terminated the lease on the car he had provided for them. The father’s refusal to increase his child support payments until the court ordered him to do supports the trial court’s finding that the father refused to provide adequate child support.

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Tort/Negligence – Personal Injury – Damages – Medical Expenses – Stipulation – Causation – Civil Practice – Offer of Judgment – Expenses (access required)

Martin v. OSI Restaurant Partners, LLC Even though the parties stipulated “that the past medical expenses of Plaintiff in this case total $110,000.00,” the parties did not stipulate that those expenses were a result of defendants’ negligence. Since defendants presented evidence that only some of those expenses arose out of the accident in defendants’ restaurant, the evidence supports the jury’s award of $5,500 in damages.

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Civil Practice – Expenses – Expert Witness – Attorneys’ Fees – Disallowed (access required)

Point Intrepid, LLC v. Farley When a party refused to pay a court-appointed expert’s fee and the expert had to seek the help of the court to get his fee paid, the expert is not entitled to an award of the attorneys’ fees and other expenses he incurred in trying to get his fee paid. We affirm the trial court’s order requiring plaintiffs to pay the balance of the expert’s invoice for court-ordered services. We reverse that part of the order requiring plaintiffs to pay the attorneys’ fees and additional expenses set out in the trial court’s Sept. 22, 2010 order.

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Civil Practice – Removal – Federal Question – Remand – Attorney’s Fees & Expenses – Intellectual Property – Trademark License Agreement (access required)

International Legwear Group, Inc. v. Americal Corp. (Lawyers Weekly No. 10-02-0924, 7 pp.) (James C. Dever III, J.) E.D.N.C. Holding: Even though the parties’ contract is a trademark-license agreement, the breach of contract action brought by plaintiff in state court ...

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Domestic Relations – Alimony – Insufficient Findings – Expenses – Ability to Pay – Duration (access required)

Fennell v. Fennell. Because the trial court failed to make sufficient findings of fact to support its conclusion that the plaintiff-wife is entitled to alimony and to explain the manner and duration of the ordered payments, we cannot effectively review the alimony order on appeal.

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