Spoor v. Barth (Lawyers Weekly No. 011-04-018, 16 pp.)  (Rick Elmore, J.) Appealed from Wake County Superior Court (Robert Sumner, J.) N.C. App. Holding: A complaint’s derivative claim incorporated by reference the complaint’s previous allegations, which stated individual claims; however, ...

Tagged with: pleadings

Azar v. Indian Trial Board of Adjustment (Lawyers Weekly No. 011-382-17, 12 pp.) (John Tyson, J.) Appealed from Union County Superior Court (Kevin Bridges, J.) N.C. App. Holding: Petitioner attempted to seek judicial review of the denial of a special ...

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Williams v. Advance Auto Parts, Inc. (Lawyers Weekly No. 011-033-17, 15 pp.) (Robert Hunter Jr., J.) Appealed from Cumberland County Superior Court (Claire Hill, J.) N.C. App. Holding: Searches of Advance Auto Parts’ website and the Secretary of State’s database, ...

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Goodwin v. Four County Electric Care Trust, Inc. a/k/a Four County Electric Membership Corp. (Lawyers Weekly No. 011-414-16, 21 pp.) (Chris Dillon, J.) Appealed from Sampson County Superior Court (Charles Henry, J.) N.C. App. Holding: Where (1) Four County Electric ...

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Bishop v. County of Macon (Lawyers Weekly No. 011-388-16, 18 pp.) (Wanda Bryant, J.) Appealed from Macon County Superior Court (Robert Sumner, J.) N.C. App. Holding: Given the heightened pleading standards in federal court, a dismissal under Fed. R. Civ. ...

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Eubanks v. Eubanks (Lawyers Weekly No. 012-093-16, 11 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County District Court (Gary Henderson, J.) N.C. App. Unpub. Holding: The defendant-husband’s counterclaim for equitable distribution (in response to the plaintiff-wife’s complaint for divorce from ...

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Jensen v. Western Carolina University Since plaintiff filed his motion for leave to amend his complaint (for a third time) after the deadlines provided by the scheduling order had passed, he must meet Fed. R. Civ. P. 16(b)(4)’s good cause standard.

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New Jerusalem Rebirth & Restoration Ministries, Inc. v. Meyer The N.C. courts have not addressed whether an insurance adjuster may be subject to individual liability for unfair trade practices. In the absence of an N.C. case that squarely resolves that plaintiff’s claim is not actionable, there is at least some possibility that plaintiff may recover against the defendant-adjuster under G.S. Chapter 75.

Tagged with: Civil Practice Fraud pleadings Removal Tort/Negligence Unfair Trade Practices

Purcell v. City of Greensboro Plaintiff makes no factual allegations that the defendant-police officer who ran him down with a patrol car was acting pursuant to a policy of the defendant-city. Mere conclusory allegations are insufficient to state a claim.

Tagged with: battery Civil Practice Civil Rights Municipal pleadings Tort/Negligence

Kearney v. Barker Plaintiff made it clear that his original complaint was intended to sue only the father, Phillip Junior Barker, and not the son, Phillip Renard Barker. After the statute of limitations had run, plaintiff filed an amended complaint adding the son as a defendant.

Tagged with: Amendment Breach of Contract Civil Practice pleadings Relation Back Statute of Limitations