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Tag Archives: Real Party in Interest

Civil Practice – Joinder – Counterclaims – Current Party – First Impression – Real Party in Interest – Corporate (access required)

Nelson v. Alliance Hospitality Management, LLC A plaintiff cannot compel one defendant to join in another defendant’s counterclaim. Motion denied. Plaintiff cites no case, and the court has found none, in which an N.C. court has compelled a party already present in a lawsuit to join additional claims or counterclaims.

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Corporate – Merger – Civil Practice – Pleadings Amendment – Relation Back – Real Party in Interest – Intellectual Property – Patent Application – Tort/Negligence – Attorneys – Legal Malpractice (access required)

Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The Nevada corporation did not file a professional negligence action within the statute of limitations, and an amendment to its pleadings now would not relate back to the filing of this action.

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Contract – Civil Practice – Real Party in Interest – Corporate Owner – Stipulation – Evidence – Photographs – Illustrative to Substantive (access required)

Accelerated Framing, Inc. v. Eagle Ridge Builders, Inc.. Although defendant contends on appeal that its contract was signed by David Gentry (president and owner of the plaintiff-corporation) in his individual capacity, at trial defendant stipulated that the contract was between the corporate parties. Even though subject matter jurisdiction cannot be waived, a real party in interest can ratify an action by stipulation. We affirm judgment for plaintiff.

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Contract – Corporate – Civil Practice – Real Party in Interest – Tort/Negligence – Summer Camps (access required)

Stephenson v. Langdon. (Lawyers Weekly No. 10-16-0904, 19 pp.) (Linda Stephens, J.) Appealed from Johnston County Superior Court. (Thomas H. Lock, J.) N.C. App. Unpub. Holding: Plaintiffs cannot show the individual defendants breached a contract because the plaintiffs’ contract was ...

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