Free Newsletter
Verdict may set record for employment case punitives
A construction worker who was fired from his job working on a project in Charlotte—and physically assaulted by the project’s superintendent after complaining to management that the superintendent was drinking on the job—has won a $750,000 verdict against his former employer in federal court, attorneys for the worker report. Joshua Van Kampen, Sean Herrmann and […]
Civil Practice — Attorneys’ Fee Award – Punitive Damages Claim – Frivolous & Malicious – Apportionment
Philips v. Pitt County Memorial Hospital, Inc. (Lawyers Weekly No. 15-16-0786, 7 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: In support of his claim for punitive damages, plaintiff incorporated by reference all the allegations from his other claims, adding only that defendants acted with malice, […]
Tort/Negligence — Wrongful Death – Civil Practice – Discovery – Defendant’s Medical Records
Rasberry v. Jacobs (Lawyers Weekly No. 15-16-0384, 10 pp.) (Chris Dillon, J.) Appealed from Martin County Superior Court (Marvin Blount III, J.) N.C. App. Unpub. Holding: A key factual issue in this case is whether defendant Jacobs was under the influence of a drug at the time the tractor-trailer he was driving collided with plaintiff’s […]
Tort/Negligence — Defamation & Breach of Fiduciary Duty – Attorneys’ Fees – First Impression – Punitive Damages – Trusts & Estates
Lacey v. Kirk (Lawyers Weekly No. 15-07-0017, 50 pp.) (Sam Ervin IV, J.) Appealed from Alamance County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: The fact that plaintiffs received a large punitive damages award does not justify a reduction in the amount of attorneys’ fees awarded to them. We affirm the judgment in […]
Tort/Negligence – Breach of Fiduciary Duty Claim – Corporate – LLC – Minority Shareholder – Civil Practice – Motion to Reconsider
Blythe v. Bell : Based on the differences between corporations and limited liability companies, the court reaffirms its view that plaintiff may not proceed individually on a breach of fiduciary duty claim; instead, he must pursue that claim derivatively.
Bankruptcy – Automatic Stay – Willful Violation – Real Property – Mortgage Foreclosure – Misspelled Name – Punitive Damages
In re Gallo Despite having notice of the debtor’s bankruptcy, and despite notes in their own files about the misspelling of the debtor’s name, since the creditors’ software program failed to list the debtor’s name in a bankruptcy search result, the creditors continued their collection efforts against the debtor, going so far as to schedule a foreclosure.
Tort/Negligence – Punitive Damages — Civil Practice – Judges – Costs
Springs v. City of Charlotte Plaintiff presented evidence that defendant knew its bus driver had been involved in multiple preventable accidents but took no action beyond some counseling and an interview with him. Plaintiff’s evidence was sufficient to go to the jury on a claim for punitive damages.
Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Appraisal — Indirect Reliance – Fraud – Punitive Damages
Abraham v. Jauregui In their negligent misrepresentation claim, the plaintiff-purchasers allege that, by relying on appraisal management company HomeFocus Services, LLC’s and Bank of America’s actions in approving plaintiffs’ loan applications, plaintiffs were also relying, albeit indirectly, upon the defendant-appraisers’ representations provided to HomeFocus and Bank of America,[...]
Tort/Negligence – Unfair Trade Practices – Malicious Prosecution – Obstruction of Justice – Champerty & Maintenance – Punitive Damages
Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs allege that, in support of a lawsuit brought against plaintiffs by a competitor, defendants lent money and provided free services to the competitor. Plaintiffs have failed to show how defendants’ alleged conduct falls within defendants’ regular business activities. Plaintiffs failed to allege that defendants’ acti[...]
Tort/Negligence – Wrongful Death – Motorcycle Accident – Tire Replacement – Evidence – Expert Witness – Related Corporations – Punitive Damages
Kingsley v. Brenda & Gene Lummus, Inc. Plaintiff’s expert identified four mechanisms by which her decedent’s motorcycle tire could have been punctured, and all four mechanisms were within defendant’s control when its employee replaced the tire shortly before the motorcycle was involved in a fatal accident.
Tort/Negligence – Unfair Trade Practices – Not in Commerce – Punitive Damages – Obstruction of Justice – Champerty & Maintenance
Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs’ unfair trade practices and punitive damages claims are based on defendants’ alleged champerty and maintenance. Since the champerty and maintenance were not part of defendants’ regular business, they were not “in commerce” within the meaning of G.S. § 75-1.1.
Labor & Employment – Contract — Covenants Not to Compete – Solicitation & Confidentiality – Tort/Negligence – Unfair Trade Practices – Punitive Damages
Akzo Nobel Coatings Inc. v. Rogers Although the restrictions in defendants’ Rogers’ and Taylor’s covenants not to compete are broad, since the covenants were entered into as part of a corporate buy-out, and since they are governed by Delaware law, the covenants survive defendants‘ motion for judgment on the pleadings.
Top Legal News
- JPMorgan to pay $75M on Epstein trafficking claim
- Hunter Biden sues Giuliani over computer data access
- Technology and legal education
- NC Medicaid expansion launches Dec. 1
- Whistleblowers want court to continue Paxton lawsuit
- Attorneys: First Amendment protects Trump in ‘insurrection’ cases
- Cooper allows budget to become law; Medicaid will expand
- Alabama fraternity faces hazing lawsuit
- Judge handling Trump case faces tremendous pressure
- VIDEO: 5 Questions With … Jan E. Pritchett
- Conflicted Appeals Court affirms removal of Superior Court clerk
- NC transgender health case might go to high court
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
