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N.C.Court of Appeals

Apr 25, 2014

All about Mee

Job would envy the patience of Wake County Superior Court Judge Michael O’Foghludha, on display during his recent handling of a drug defendant’s case.

Apr 24, 2014

Court overturns major cocaine conviction

N.C. Court of Appeals overturns a cocaine trafficking conviction after finding that prosecutors failed to prove that a defendant knew about drugs hidden in a truck he was hired to drive.

Apr 10, 2014

You’ve been FedExed: COA loosens rules on service of process

A unanimous North Carolina Court of Appeals has ruled that FedEx properly served papers on a group of defendants even though they or their agents did not personally accept the deliveries.

Feb 14, 2014

READ the FINE PRINT: N.C. court bows to U.S. Supreme Court, OKs arbitration clauses in consumer contracts

Attorneys in North Carolina trying to get an arbitration clause tossed out of a consumer contract now have a much tougher row to hoe. The state’s Court of Appeals held Feb. 4 that a key state Supreme Court decision putting limits on the clauses’ use can’t be reconciled with recent decisions from the U.S. Supreme […]

Dec 24, 2013

Foot-dragging homebuilder can’t belatedly seek arbitration

A defendant who spars in litigation for more than three years while sleeping on its right to compel the plaintiffs to arbitration shouldn’t be surprised if a court rules that it has thereby waived that right. But for one such defendant, there was an added surprise last week: The North Carolina Court of Appeals ruled […]

Dec 12, 2013

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 […]

Nov 26, 2013

Served in spirit

The North Carolina Court of Appeals said that two plaintiffs suing the city’s police officers had complied with the state’s rules about serving process, even though the documents were not personally delivered to the defendants or their designated agents. The decision reversed the ruling of a Durham County court. Frankie Washington and his son, Frankie […]

Aug 7, 2013

Court overturns murder dismissal in fetal deaths

The N.C. Court of Appeals said on Aug. 6 that a state judge erred in dismissing two first-degree murder counts against a man prosecutors say shot a woman who was five months pregnant, resulting in the loss of her unborn twins.

Jul 26, 2013

Reasonableness of fees foreclosed once account stated

A Smithfield law firm will not have to defend the reasonableness of the bill it handed to a client because the client waited more than a decade before first raising the issue, the North Carolina Court of Appeals has ruled.

Jun 18, 2013

Appeals court nixes complaint against Rep. Butterfield

The North Carolina Court of Appeals has upheld the earlier dismissal of an elections complaint filed against U.S. Rep. G.K. Butterfield by his 2012 Democratic Primary opponent.

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