Trial date set for New Hanover development lawsuit
A trial date has been set for a lawsuit over the denial of a residential development in New Hanover County. A jury trial hearing for the Bayshore Townhomes appeal […]
US Supreme Court sides with FCC in clash with wireless carriers over fines
The U.S. Supreme Court backed the Federal Communications Commission’s system for levying fines, ruling on Thursday against wireless carriers AT&T and Verizon in their challenge to the agency and handing […]
Woman wins $5.5M in heart balm action against neighbor
Action: Alienation of affection/criminal conversation Injuries alleged: Loss of love and affection and companionship, mental anguish, loss of society, shame, loss of support from husband, injury to plaintiff’s reputation, and […]
Justices recognize limited jury trial right in prisoner cases
Supreme Court rules 5-4 that juries can decide if prisoners met PLRA exhaustion requirements when facts overlap with civil rights claims.
Court clears mother to sue trooper in fatal crash
RALEIGH — The mother of a North Carolina university student killed while on a ride-along in a Highway Patrol cruiser can continue suing for gross negligence the trooper who drove […]
Amazon lawsuit: NLRB’s structure is unconstitutional
Amazon is challenging the structure of the National Labor Relations Board in a lawsuit that also accuses the agency of improperly influencing the outcome of a union election at a […]
VIDEO: Risks, jury trials, young lawyers and clients
Many young lawyers find it challenging, at best, to gain courtroom experience. In a video for the June edition’s cover story, “Making Your Case,” veteran trial attorney Tom Comerford explains […]
Courtroom plea: Try, don’t settle, civil cases
Only a fraction of civil lawsuits comes before a jury. The vast majority are settled long before they come to trial.
Insurance – ERISA Plan – Beneficiary Change – Jury Trial – Participant’s Signature
American United Life Insurance Co. v. Arthur (Lawyers Weekly No. 004-003-16, 9 pp.) (Graham Mullen, J.) 3:14-cv-00586; W.D.N.C. Holding: Where defendant Sumpter made state-law claims to challenge his father’s ERISA-plan […]
Tort/Negligence — Breach of Fiduciary Duty – Corporate – Minority Shareholders – Civil Practice – Notice – Email – Right to Jury Trial
Thomas v. McMahon (Lawyers Weekly No. 15-15-0713, 23 pp.) (Louis Bledsoe III, J.) 2015 NCBC 64 Holding: Where defendant McMahon (1) owns 80 percent of the shares of the parties’ […]
Bankruptcy — Constitutional – Jury Trial Right – Fraudulent Transfer – Avoidance Action – Affirmative Defenses – Set Off – Equitable Jurisdiction
Angell v. Mansour (In re Britt Motorsports, LLC) (Lawyers Weekly No. 14-05-0992, 6 pp.) (Stephani Humrickhouse, J.) 14-00041-8; E.B.N.C. Holding: Defendants have not filed a claim against the bankruptcy estate; […]
Meck Co jury awards $865,175 to engineer for PTSD claim
A locomotive engineer who developed post-traumatic stress disorder after the train he was operating collided with a tanker truck stranded at a railroad crossing received an award of $865,175 from […]
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