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Tag Archives: pleadings

Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings (access required)

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.

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Civil Rights – Municipal – Civil Practice – Pleadings – Conclusory Allegations – Tort/Negligence – Battery – Fleeing Suspect – Hit with Car (access required)

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.

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Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – Breach of Contract (access required)

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.

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