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Tag Archives: joinder

Civil Practice – Joinder – Counterclaims – Current Party – First Impression – Real Party in Interest – Corporate (access required)

Nelson v. Alliance Hospitality Management, LLC A plaintiff cannot compel one defendant to join in another defendant’s counterclaim. Motion denied. Plaintiff cites no case, and the court has found none, in which an N.C. court has compelled a party already present in a lawsuit to join additional claims or counterclaims.

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Civil Practice – Joinder – Real Property – 46 Plaintiffs — Tort/Negligence – Fraud Allegations (access required)

Barnard v. SunTrust Bank Although the 46 plaintiffs contend that their claims all arise from the same series of transactions or occurrences – the purchase of lots in the Grey Rock subdivision in Lake Lure – each claim arises out of the purchase of a separate lot at a different time and relates to financing that occurred under circumstances entirely different from every other lot purchase.

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Criminal Practice – Insurance Fraud – Exploitation of an Elder Adult – Joinder – Wife’s Statements (access required)

State v. Pittman Defendant and his wife were both charged with insurance fraud, obtaining property by false pretenses, and the exploitation of an elder adult, and these charges arose out of the same scheme. Defendant sold policies to the victim, and his wife signed the paperwork necessary to add herself as the beneficiary on the policies. Since the offenses committed by defendant and his wife were closely connected, the trial court did not err when it joined the trials of defendant and his wife.

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