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Tag Archives: first impression

Real Property – Restrictive Covenants – Multiple Violations – Re-Division of Lots – First Impression (access required)

Craver v. Raymond Where (1) one-quarter of the restricted lots in a 1919 subdivision have been re-divided in violation of the restrictive covenant, (2) the re-divided lots are not in one area of the subdivision but are dispersed throughout it, and (3) the majority of additional lot owners – though properly served and joined as defendants – have remained silent throughout the course of this litigation, the restriction against re-dividing lots is unenforceable.

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Real Property – ILSFDA – Rescission – First Impression — Prejudgment Interest – Developer’s Exemption Inapplicable (access required)

Nahigian v. Juno-Loudoun LLC A Northern Virginia couple can get back their $1.674 million purchase price for a lot in a residential community affiliated with the Ritz-Carlton Hotel company; the 4th Circuit says the buyers can rescind the deal under the Interstate Land Sales Full Disclosure Act and get more prejudgment interest because the developer is not protected by an ILSFDA exemption for developments with less than 100 lots.

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Corporate – Tort/Negligence – Breach of Fiduciary Duty Claim – First Impression – Sole Shareholder – No Duty to Corporation, Officers or Directors – Judicial Estoppel – Prior Bankruptcy (access required)

T-WOL Acquisition Co. v. ECDG South, LLC Since defendant Edmonds was the sole shareholder of the plaintiff-corporation, he owed no fiduciary duty to the corporation or to an individual plaintiff who may have been an officer and director of the corporation.

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Civil Practice – Venue – Answer Allegation – Waiver – First Impression – CFAA (access required)

LendingTree, LLC v. Anderson Even though defendant’s answer alleged that venue was improper, since defendant (1) stipulated in the case management report that venue was proper, (2) did not object to the conclusion in the case management order that venue was proper, and (3) waited three years after filing his answer – while continuing to participate in this litigation – before pressing his improper venue defense, defendant has waived the defense of improper venue.

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Criminal Practice – First Impression – Doctrine of Forfeiture – Constitutional – Confrontation Clause – Witness Intimidation (access required)

State v. Weathers When defendant threatened the life of a witness and his family, defendant forfeited his right to cross-examine the witness. The trial court did not abuse its discretion when it denied defendant’s motion for a mistrial.

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Contract – Tort/Negligence – Unfair Trade Practices – Ticket Scalping – Federal Immunity – First Impression — Website Brokerage – Hannah Montana Concert (access required)

Hill v. StubHub, Inc. Even though, via defendant’s website, plaintiff paid $149 each for concert tickets with a face value of $56, defendant merely brings buyers and sellers together – for a fee – and so is entitled to immunity under 47 U.S.C. § 230.

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Civil Practice – Pleadings – Amendment – Relation Back – Complaint Verification – Rule 11 – First Impression (access required)

Estate of Livesay v. Livesay Forty-two days after the complaint and summonses had been issued - but before any responsive pleadings had been filed - plaintiff’s counsel discovered that the complaint had not been signed or verified. Counsel quickly filed an amended, signed complaint. Pursuant to N.C. R. Civ. P. 11 and 15, the trial court had subject matter jurisdiction over the complaint.

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Criminal Practice – Extortion – Entitlement – Threats of Violence – First Impression — Evidence – New Trial – Possession of Stolen Goods – Constructive Possession (access required)

State v. Privette Even if defendant was innocent of the charges for which he was jailed, he could still commit extortion by threatening to assault or kill the guilty party if he did not turn himself in. Nevertheless, evidence of hypothetical violence (what defendant said he would do to his wife if she were a man) should not have been admitted.

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Tort/Negligence – Product Liability – Wheelchair Fire – Insulating Negligence – First Impression (access required)

Muteff v. Invacare Corp. Where a woman died after her wheelchair caught fire, the trial court erred in instructing the jury on insulating negligence, but such error did not prejudice the plaintiff since the jury could not have found the defendants liable for negligence after finding the wheelchair was not defective.

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