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first impression

Sep 22, 2021

Insurer could void gamble on stranger’s life at any time 

  H.H. Holmes, considered by some to be America’s first serial killer, would sometimes take out life insurance policies on his intended victims. This entrepreneurialism had several consequences, one of which was Holmes’ execution in 1896. It also helped motivate states across the country to pass laws against taking out insurance policies against strangers as […]

Mar 24, 2020

Company’s motion to set aside bond forfeiture was UPL

  A motion to set aside the forfeiture of a bail bond constitutes the practice of law, and so a surety’s corporate officer wasn’t authorized to sign and file a motion to set aside a forfeiture on the surety’s behalf, the North Carolina Court of Appeals has ruled in a case of first impression. 1st […]

Oct 19, 2018

Contract – Unfair Trade Practices – First Impression – Learned Profession Exception – Compromise Verdict – Parol Evidence

The defendant-physician’s unfair trade practices counterclaim arises from the parties’ negotiations regarding a business arrangement. Although this business arrangement was between a physician and a hospital, the negotiations were not “professional services rendered by a member of a learned profession” G.S. § 75-1.1; therefore, defendant’s unfair trade practices counterclaim should have[...]

Jul 9, 2018

Criminal Practice – First Impression – Indian Major Crimes Act – Native American Status – Subject Matter Jurisdiction

Defendant is a first descendant of an enrolled member of the Eastern Band of Cherokee Indians; however, (with an Indian blood quantum of only 11/256) defendant is not eligible to enroll in the tribe; moreover, he is not entitled to receive benefits from the tribe or from the government based on tribal enrollment, and he […]

Apr 9, 2018

Tort/Negligence – Misappropriation of Trade Secrets – First Impression – Insufficient Allegations

The complaint’s description of plaintiffs’ trade secrets only as their “original ideas and concepts for dance productions, marketing strategies and tactics, as well as student, client and customer lists and their contact information” is insufficiently particular so as to enable defendants to delineate that which they are accused of misappropriating and the court to determine […]

Nov 15, 2017

Arbitration – Post-Award Discovery – Arbitrators – Undisclosed Relationship – First Impression

In re Arbitration between Shepherd v. LPL Financial LLC (In re Subpoenas to Albert) (Lawyers Weekly No. 002-048-17, 11 pp.) (Robert Jones Jr., USMJ) 5:17-cv-00150; E.D.N.C. Holding: The court follows the Ninth Circuit’s lead and says post-award discovery into arbitrator bias is only allowed when the movant presents clear evidence of impropriety. Plaintiffs’ evidence – […]

Oct 11, 2017

Civil Practice – Pleadings Amendment – First Impression – Minor Counterclaim Amendment – Plaintiff’s New Parties

AP Atlantic, Inc. v. Crescent University City Venture, LLC (Lawyers Weekly No. 020-095-17, 17 pp.) (Louis Bledsoe III, J.) 2017 NCBC 91 Holding: Even though defendant merely amended its pleading to remove one of its counterclaims that the parties had settled, plaintiff was entitled to file a reply. Therefore, under N.C. R. Civ. P. 14, […]

Sep 11, 2017

Civil Practice – Rule 12(b)(6) Motion – Post-Answer Filing – First Impression – Judgment on the Pleadings – Contract – Tort/Negligence – Acquisition

New Friendship Used Clothing Collection, LLC v. Katz (Lawyers Weekly No. 020-078-17, 43 pp.) (Michael Robinson, J.) 2017 NCBC 71 Holding: Defendant Katz waited until after filing his answer to file his Rule 12(b)(6) motion to dismiss; accordingly, his motion was not timely filed. Since the other two defendants have not yet filed their answers, […]

Jun 19, 2017

Attorneys – Fees on Fees – First Impression – Statutory Purpose – Original Award – Winning & Losing Issues

Morris v. Scenera Research, LLC (Lawyers Weekly No. 020-054-17, 47 pp.) (James Gale, C.J.) 2017 NCBC 47 Holding: Although there has been no North Carolina appellate court ruling on whether the attorneys’ fee provisions of the Wage and Hour Act and the Retaliatory Discharge Act extend to time expended in defending an attorneys’ fee award, […]

Jan 17, 2017

Workers’ Compensation – Attendant Care Services – Amended Statute – First Impression – Prescription Requirement – Written or Oral

Thompson v. International Paper Co. (Lawyers Weekly No. 011-032-17, 22 pp.) (Donna Stroud, J.) Appealed from the Industrial Commission. N.C. App. Holding: G.S. § 97-2(19) has been amended to require a prescription for attendant care services; however, the statute does not require that the prescription be in writing. Plaintiff’s doctors have clearly said he will […]

Oct 27, 2016

Corporate – Double Derivative Claim – First Impression – Allocation of Sale Proceeds – Individual Claims

White v. Hyde (Lawyers Weekly No, 020-067-16, 22 pp.) (Michael Robinson, J.) 2016 NCBC 72 Holding: Plaintiff’s complaint may be construed to allege a double derivative action on behalf of defendant Hyde-HP Properties, LLC (Hyde-HP) – of which plaintiff is a member – against defendants John and Sandra Powell for the Powells’ alleged wrongful actions […]

Sep 20, 2016

Workers’ Compensation – Departing Deputy Commissioner – Hearing & Decision – First Impression

Bentley v. Jonathan Piner Construction (Lawyers Weekly No. 011-316-16, 9 pp.) (Linda McGee, C.J.) Appealed from the Industrial Commission. N.C. App. Holding: Since G.S. § 97-84 refers to “deputy” only in the singular, the same deputy commissioner must handle a workers’ compensation case from its outset to its completion. The statute was violated when one […]

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