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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 […]
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.
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[...]
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
- Cooper allows budget to become law; Medicaid will expand
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- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
- Murdaugh pleads guilty to financial crimes
- Alabama redistricting case before Supreme Court
- Band leader: ‘Doing my job’ when arrested
- Court orders part of abortion referendum rewritten
- VIDEO: Counsel’s focus firmly set on reproductive rights
- Lawsuit faults Google Maps in deadly crash
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
