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Orders offer reprieves in wake of Helene
Lawyers in North Carolina and South Carolina have been granted administrative reprieves after Hurricane Helene cut across the states. In North Carolina, Chief Justice Paul Newby published an order Sunday […]
Civil Practice – Pleadings – Incorporation by Reference – Statute of Limitations – Derivative & Individual Claims
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 […]
Civil Practice – Failure to Name Necessary Party – Pleading Amendment – No Relation Back – Municipal – Zoning
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 […]
Civil Practice – Pleadings – Amendment – Parent & Subsidiary Corporations –Statute of Limitations – No Relation Back
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 […]
Civil Practice – Pleadings – Motion to Amend – Named Defendant – ‘AKA’ – Separate Entities
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 […]
Civil Practice – Pleadings – Federal & State Standards – Rule 12(b)(6) Dismissal – Tort/Negligence – Conversion – Rule 11
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 […]
Domestic Relations – Equitable Distribution – Pleadings – Prior to Separation – Subsequent Answer
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 […]
Labor & Employment – Public Employees – Civil Practice – Pleadings – Amendment – Good Cause Standard
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.
Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings
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 [...]
Civil Rights – Municipal – Civil Practice – Pleadings – Conclusory Allegations – Tort/Negligence – Battery – Fleeing Suspect – Hit with Car
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.
Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – Breach of Contract
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.
Civil Practice – Pleadings – Amendment – Additional Parties – Sovereign Immunity – Insurance
Robinson v. Smith Defendants had not filed a responsive pleading when plaintiffs filed their amended complaint; therefore, N.C. R. Civ. P. 20 (permissive joinder) and 21 (misjoinder and nonjoinder) do not apply, despite the fact that the amended complaint named additional defendants.
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Commentary
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- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
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- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
