North Carolina Lawyers Weekly

Apr 23, 2026

Equitable mootness limited in simple Chapter 13 appeal

The 4th U.S. Circuit Court of Appeals held that equitable mootness does not bar an appeal in a straightforward Chapter 13 bankruptcy case when effective prospective relief remains available. […]

Nov 3, 2025

Court upholds asbestos trust funding and good faith in reorganization plan

The 4th U.S. Circuit Court of Appeals affirmed the approval of a Chapter 11 reorganization plan for two debtor companies, finding no reversible error in the U.S. District Court for […]

Oct 3, 2017

Real Property – Listing Agreement – Duty of Good Faith and Fair Dealing – Parol Evidence Rule

Blondell v. Ahmed (Lawyers Weekly No. 010-065-17, 1 p.) (Per Curiam) Appealed from Wake County Superior Court (Howard E. Manning, Jr., J.) On appeal from the Court of Appeals. […]

Jun 26, 2017

Contract – Good Faith – Prevention of Performance – Accounts Receivable – Servicing Fee – Line of Credit

Eagle Services & Towing, LLC v. Ace Motor Acceptance Corp. (Lawyers Weekly No. 012-094-17, 25 pp.) (Ann Marie Calabria, J.) (Robert Hunter Jr. & Philip Berger Jr., JJ., concurring in […]

May 19, 2016

Real Property – Listing Agreement – Duty of Good Faith and Fair Dealing – Parol Evidence Rule

Blondell v. Ahmed (Lawyers Weekly No. 011-170-16, 14 pp.) (Chris Dillon, J.) (Bryant, J., dissenting) Appealed from Wake County Superior Court (Howard E. Manning, Jr., J.) N.C. App. Holding: Even […]

Jul 1, 2015

A tort is born: Business court recognizes duty to negotiate in good faith

It’s not every day that North Carolina’s courts recognize a new cause of action, but a North Carolina Business Court judge did just that in a June opinion allowing a […]

Jan 23, 2014

Criminal Practice – Search & Seizure – State Constitution – Good Faith – DVPO – Search of Home – No Probable Cause – Marijuana

State v. Elder (Lawyers Weekly No. 14-07-0060, 26 pp.) (Donna Stroud, J.) (Wanda G. Bryant, J., dissenting) Appealed from Mecklenburg County Superior Court (Linwood O. Foust, J.) N.C. App. Holding: […]

Aug 22, 2012

Criminal Practice – DNA Search — ‘Cold Hit’ — Good Faith

U.S. v. Davis Police did not violate defendant’s rights when they collected his bloodstained clothing from a hospital four years earlier during investigation of defendant as a gunshot victim and his arrest on marijuana charges, but subsequent testing of the bloodstain for defendant’s DNA in connection with a later murder investigation in which defendant was never charged, did violate [...]

May 21, 2012

Contract – Good Faith – Business Expansion – Economic Downturn – Re-Zoning & Building Permit

Area Storage, Inc. v. Old Oak Estates Community Association Pursuant to the parties’ contract, if the plaintiff-storage business got its land re-zoned to commercial and obtained a building permit, then plaintiff would deed a 50-foot buffer to defendant -- its neighbor – install a buffer of vegetation, and pay defendant $20,000. Although plaintiff placed the deed and $30,000 in escrow [...]