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Disgraced lab’s malpractice suit tossed
A Virginia judge has blocked a lawsuit filed by the CEO of a now-defunct and discredited lab company that accused a big national law firm—which had announced only a day earlier that it would begin winding down its own operations—of committing malpractice. The former head of Health Diagnostic Laboratory, Tonya Mallory, contended that she […]
Passing the buck
A Charlotte law firm accused of botching a real estate closing in 1999 has successfully shooed away the loan servicing company that brought the ill-advised malpractice action.
Tort/Negligence – Medical Malpractice – Civil Practice – Discovery – Medical Records – Nonparties
Brewer v. Hunter (Lawyers Weekly No. 14-07-0839, 14 pp.) (Mark Davis, J.) Appealed from Gaston County Superior Court (F. Donald Bridges, J.) N.C. App. Holding: After surgical complications confined the plaintiff-patient to a wheelchair, he sought to discover the operative notes and discharge summaries related to 44 other operations performed by the defendant-surgeon. The careful […]
Attorneys – Tort/Negligence – Legal Malpractice – Civil Practice – Summary Judgment – Issues of Fact – Attorney-Client Relationship
Harris v. Ballantine (Lawyers Weekly No. 14-16-0823, 12 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (John Craig III, J.) N.C. App. Unpub. Holding: Since the parties forecasted conflicting evidence as to whether the plaintiff-attorney agreed to represent the defendant-client in her dispute with a bank, the client was not entitled to summary […]
North Carolina Court of Appeals: Claim against Charlotte law firm can move ahead
A malpractice lawsuit against a Charlotte law firm will be allowed to move forward after the North Carolina Court of Appeals ruled Dec. 3 that it wasn’t necessarily the client’s fault that he didn’t spot the alleged mistake until after the statute of limitations had expired. Donald Podrebarac separated from his wife in 2007 and […]
Tort/Negligence – Medical Malpractice – Ordinary Negligence – Civil Practice – Statute of Limitations
Barrett v. SSC Charlotte Operating Co. Where plaintiff alleges that defendants dropped him on the floor while attempting to move him from his bed to a shower chair, plaintiff’s claim sounds in ordinary negligence rather than medical malpractice. We reverse the trial court’s order granting defendants’ motion to dismiss.
Top Legal News
- Hunter Biden pleads not guilty to gun charges
- Details emerge on Trump era executions
- US court in Virginia resolves NC insurance case
- Post on X leads to lawsuit against Musk
- Two more bills draw vetoes by Cooper
- Police chief who led newspaper raid resigns
- May trial date set for indicted senator
- Insurance appeal dismissed after intervening settlement
- Supreme Court opens new term today
- Judge blocks 2 provisions in NC abortion law
- Connecticut tightens laws on gun control
- Garland says he’d resign if asked to target Trump
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
