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Tag Archives: Prior Litigation

Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

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.

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Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation (access required)

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 promissory note.

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

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

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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