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Civil Practice – JNOV – No Directed Verdict Motion – New Trial Award
Leveaux-Quigless v. Pilgrim Where plaintiff failed to move for a directed verdict at the close of all the evidence, the trial court lacked authority to grant plaintiff’s motion for judgment notwithstanding the verdict.
Real Property – Fixtures – Landlord/Tenant – Commercial Lease – Paint Booth – Civil Practice – JNOV
Johnson v. Lynch The lease between the parties’ predecessors provided that fixtures would belong to the landlord unless the original tenant exercised an option to purchase the land. Since the original tenant did not buy the land, the fixtures became the property of plaintiff, the original landlord’s heir. We affirm the trial court’s grant of judgment notwithstanding the verdict t[...]
Contract – Breach of Contract – Unfair & Deceptive Trade Practices – Directed Verdict – JNOV – Negligence
Ford v. All-Dry of the Carolinas, Inc. (Lawyers Weekly No. 11-16-0429, 24 pp.) (John C. Martin, C.J.) Appealed from Superior Court. (Dennis J. Winner, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The plaintiff alleged that negligent construction caused damage only to her house itself. As such, even taken […]
Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees
Springs v. City of Charlotte. Even though there was conflicting evidence as to whether plaintiff's permanent injuries were caused by the accident or by her multiple sclerosis (or the treatments for her MS), plaintiff presented sufficient . . .
Tort/Negligence – Causation – Directed Verdict – JNOV – Punitive Damages – Costs – Expert Witness Fees
Springs v. City of Charlotte. (Lawyers Weekly No. 10-07-1095, 21 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court. (Timothy L. Patti, J.) N.C. App. Click here for the full text of the opinion. Holdings: (1) Even though defense experts contradicted plaintiff’s evidence of causation, the trial court correctly sent the causation issue […]
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Commentary
- Amotion sees resurgence after almost a decade
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- Ex-president, bar association have made their choice
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- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
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- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
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