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Aug 17, 2012

Civil Practice – Discovery – Contract – Aircraft Lease – Expenses

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.

Dec 15, 2011

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

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 [...]

Dec 15, 2011

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

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 suppo[...]

Aug 18, 2011

Civil Practice – Expenses – Expert Witness – Attorneys’ Fees – Disallowed

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[...]

Sep 23, 2010

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

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 does not raise a federal question. Plaintiff’s motion to remand to state court is granted. […]

Aug 12, 2010

Domestic Relations – Alimony – Insufficient Findings – Expenses – Ability to Pay – Duration

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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