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Tag Archives: Pleadings Amendment

Insurance – Commercial Marine Liability – Duty to Defend & Indemnify – Civil Practice – Pleadings Amendment – Underlying Lawsuit – Damages (access required)

National Union Fire Insurance Co. of Pittsburgh, Pa. v. Intercoastal Diving, Inc. Even though the complaint in the underlying lawsuit against the defendant-contractor only alleges damages to the bulkhead built by the contractor, the contractor recently filed affidavits indicating that the plaintiffs in the underlying lawsuit are also seeking damages for plumbing pipes and floating docks that were damaged by the failure of the bulkhead.

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Contract – Civil Practice — Statute of Limitations Defense – Equitable Estoppel – Pleadings Amendment – Objection to Evidence – Accounting Services (access required)

Rink & Robinson, PLLC v. Catawba Valley Enterprises, LLC Even though the parties’ contracts set a one-year period for asserting claims, the plaintiff-accounting firm showed that defendants asked for more time, assuring plaintiff that it would be paid. In this situation, the trial court correctly found that defendants were estopped from asserting that plaintiff’s claims were untimely.

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Corporate – Merger – Civil Practice – Pleadings Amendment – Relation Back – Real Party in Interest – Intellectual Property – Patent Application – Tort/Negligence – Attorneys – Legal Malpractice (access required)

Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The Nevada corporation did not file a professional negligence action within the statute of limitations, and an amendment to its pleadings now would not relate back to the filing of this action.

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Contract – Civil Practice – Pleadings Amendment — Cable Installation – Price Increase Term – Quantum Meruit – Unfair Trade Practices – Negligent Misrepresentation (access required)

Diverse Networks v. Time Warner Entertainment-Advance/Newhouse Partnership Even though neither the complaint nor the answer makes any reference to the parties’ 2002 contract, their briefs discuss at length the terms and application of law to the 2002 contract as if it is the most important point of contention between the parties. The evidence and arguments presented by both parties have placed an unpleaded claim before the court.

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