Please ensure Javascript is enabled for purposes of website accessibility

individual capacity

Oct 9, 2014

Constitutional — Eleventh Amendment Immunity – State Employee – Individual Capacity Suit – State Defense

Goodwin v. Cockrell (Lawyers Weekly No. 14-02-0949, 6 pp.) (James Fox, Sr. J.) 4:13-cv-00199; E.D.N.C. Holding: Even though the state has chosen to defend its employee, and even though any monetary judgment may be paid from the state’s treasury, this does not transform the claim against the employee in his individual capacity into a claim […]

Dec 22, 2011

Tort/Negligence – Defamation – Libel – Sovereign Immunity – Individual Capacity – Administrative Remedies – Intra-office Communication

White v. Trew Where the complaint only seeks damages from the defendant himself, defendant is being sued in his individual capacity; therefore, he is not entitled to sovereign immunity. We affirm the trial court’s denial of defendant’s motion to dismiss.

Oct 20, 2010

Investors must arbitrate claims over startup

Shareholders must arbitrate their claims over a startup Charlotte advertising company in which they invested hundreds of thousands of dollars, even though they brought suit against its CEO as an individual, the appeals court has ruled. "This case affirms what our position has been all along," said Charlotte attorney Ross R. Fulton (pictured) of Rayburn Cooper & Durham. Fulton represented Alexa[...]

Jul 25, 2010

Tort/Negligence – Sovereign Immunity – Governmental Function – Individual Capacity

Wright v. Gaston County. (Lawyers Weekly No. 10-07-0696, 16 pp.) (Donna S. Stroud, J.) Appealed from Gaston County Superior Court. (Timothy S. Kincaid, J.). N.C. App. Holding: Where a plaintiff sued 911 operators in their individual capacities, the trial court erred in granting the 911 operators’ motion to dismiss solely on the grounds of governmental […]

Top Legal News

See All Top Legal News


See All Commentary