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Sep 27, 2010

Civil Practice – Pleadings – Multiple Plaintiffs & Defendants – Real Property – Bankrupt Developers

Allen v. Land Resource Group of North Carolina, LLC. In a case involving 22 plaintiffs, 29 defendants and at least 15 causes of action, it is imperative that plaintiffs' complaint specify which plaintiff(s) is alleging which cause(s) of action against which defendant(s). Plaintiffs have 30 days to file a statement of claims. N.C. R. Civ. P. 10(b) specifies that each paragraph in a pleadin[...]

Sep 14, 2010

Tort/Negligence – Auto Accident – Civil Practice – Pleadings – Deceased Defendant – Closed Estate – Amendment

Speights v. Forbes. (Lawyers Weekly No. 10-16-0903, 7 pp.) (Rick Elmore, J.) Appealed from Durham County Superior Court. (Orlando F. Hudson Jr., J.) N.C. App. Unpub. Holding: Where the defendant died and his estate was closed between the date of the parties’ accident and the filing of plaintiff’s complaint, plaintiff’s substitution of the former estate […]

Aug 13, 2010

‘Twiqbal’ standards cut both ways, Virginia cases show

By ALAN COOPER, Dolan Media Newswires [email protected] If plaintiff’s attorneys have to be more specific in their federal complaints, defense attorneys have a duty to be just as precise in their answers. Virginia federal courts are starting to weigh in on an issue that is splitting the federal courts: Whether the more stringent pleading standards […]

Jul 16, 2010

Civil Practice – Pleadings – Answer – Motion to Amend – Corporate – Pro Se Shareholder – Default

Bodie Island Beach Club Association, Inc. v. Wray. (Lawyers Weekly No. 10-15-0654, 6 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Holding: A doctor’s answer on personal letterhead – which did not purport to respond on behalf of his wholly owned company – did not suffice to answer the complaint as to the company. […]

Jul 16, 2010

Civil Practice – Pleadings – Complaint – Under Seal – Public Records Act – Corporate – Derivative Action – Delaware Action

Smith v. Raymond. (Lawyers Weekly No. 10-15-0655, 4 pp.) (Albert Diaz, J.) N.C. Bus. Ct. Holding: A stipulation in a Delaware Chancery case is insufficient, by itself, to justify sealing plaintiff’s entire complaint. If the parties believe the complaint should remain sealed, they shall file memoranda of law supporting their position. The stipulation provides that, […]

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