State v. Baskins (Lawyers Weekly No. 011-179-16, 17 pp.) (Linda M. McGee, C.J.) Appealed from Guilford County Superior Court (Susan E. Bray, J.) N.C. App. Holding: Findings of fact did not support basis for traffic stop for license tag expiration ...

Tagged with: Remand

Wells Fargo, N.A. v. BMOC Investors, LLC (Lawyers Weekly No. 14-05-0970, 7 pp.) (Stephani Humrickhouse, J.) 14-00009-5; E.B.N.C. Holding: The plaintiff-creditor seeks a remand to state court of its claim against the debtor’s guarantor. Since the guaranty action does not ...

Tagged with: Remand

Schweizer v. Patterson The equitable distribution order appears (1) without explanation, to ignore the fact that certain assets were stipulated to be separate property and (2) to improperly consider passive increases to the value of separate property. Moreover, using the figures set out in the order, our calculations do not match those of the trial court.

Tagged with: Domestic Relations equitable distribution Remand

Meyer v. Astrue A claimant who suffered back, wrist and shoulder injuries when he fell 25 feet from a deer stand has his claim for social security disability benefits remanded to the Appeals Council because the 4th Circuit cannot determine from the record if substantial evidence supports the denial of benefits.

Tagged with: Administrative Remand Social Security

Reinhart v. City of Brevard Although plaintiffs’ post-removal amendment of their complaint eliminated all federal claims, this did not divest the court of jurisdiction. Nevertheless, defendant did not oppose plaintiffs’ motion to amend, plaintiffs have always contended that their federal claims merely formed an alternative basis for relief, this litigation is in its early stages, and it will be decided under N.C. law based on real property located in North Carolina.

Tagged with: Civil Practice Federal Question Remand

State of West Virginia ex rel. Darrell V. McGraw Jr., AG v. CVS Pharmacy Inc. A consumer complaint filed in state court by the Attorney General of West Virginia against five pharmacy chains that allegedly sold generic drugs to West Virginia consumers without passing the cost savings on to the consumers should have been remanded from federal court back to state court; the 4th Circuit says the AG's complaint is not a "disguised class action" removable under the federal Class Action Fairness Act.

Tagged with: Attorney General Remand

By PAUL THARP, Staff Writer [email protected]   A suit against the Moyock-based security firm formerly known as Blackwater returned to Wake County last week after Judge Terrence Boyle remanded the case from the U.S. District Court for the Eastern District of ...

Tagged with: Blackwater Remand

Red Barn Farms, LLC v. General Electric Capital Corp. (Lawyers Weekly No. 11-03-0321, 18 pp.) (William L. Osteen Jr., J.) M.D.N.C. Holding: After this court granted defendant General Electric Capital Corp. (GE) a default judgment against plaintiffs herein, GE docketed ...

Tagged with: Civil Practice Federal Jurisdiction Remand Removal

By PAUL THARP, Staff Writer [email protected]   A lawsuit brought by a group of Iraqi plaintiffs who sued the N.C. company formerly known as Blackwater Security Consulting was ordered to return to Wake County Superior Court after U.S. District Judge Terrence ...

Tagged with: Blackwater motion for reconsideration Remand Wake County

Brady v. Xe Services LLC (Lawyers Weekly No. 11-04-0115, 9 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Iraqi citizens, who are suing over shootings in Iraq by private U.S. citizens, lack standing to sue in federal court. This case is ...

Tagged with: Civil Practice Remand standing subject-matter jurisdiction