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Prior Litigation

Sep 25, 2012

Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect.

Sep 24, 2012

Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect. Moreover, the state court litigation involved the original promissory note between the parties whereas this action involves a renewal p[...]

Sep 11, 2012

Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

Sep 10, 2012

Attorneys – RICO — Tort/Negligence – Tortious Interference with Prospective Economic Advantage – Civil Practice — Prior Litigation – Collateral Attack

Cullen v. Emanuel & Dunn, PLLC Plaintiffs lost a prior lawsuit and are now suing the lawyers who represented the winning side. Plaintiffs have not shown that an attorney’s acceptance of a retainer to represent a defendant in a fraud action, without more, is enough to make the attorney liable under North Carolina's Racketeering Influenced and Corrupt Organizations Act.

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