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Tag Archives: Removal

Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings

New Jerusalem Rebirth & Restoration Ministries, Inc. v. Meyer The N.C. courts have not addressed whether an insurance adjuster may be subject to individual liability for unfair trade practices. In the absence of an N.C. case that squarely resolves that plaintiff’s claim is not actionable, there is at least some possibility that plaintiff may recover against the defendant-adjuster under G.S. Chapter 75.

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Civil Practice – Federal Jurisdiction – Removal — Class Action – Amount in Controversy – Fiber Cement Siding

Hardig v. Certainteed Corp. Even if the plaintiff class were limited to the 501 homes in the Fieldstone Farms subdivision in Indian Trail, the materials alone for replacing the allegedly defective siding would cost $4,000 per home, and plaintiffs seek treble damages under the N.C. Unfair and Deceptive Trade Practices Act; therefore, the amount in controversy for the materials alone exceeds $6 million.

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Labor & Employment – Civil Rights — Race Discrimination Claim – Federal Jurisdiction – State Court — Removal

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

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Civil Practice – Removal – Diversity – N.C. Defendant – Fraudulent Joinder Claim – Insurance – Fraud & Unfair Trade Practices

Ansley v. HealthMarkets, Inc. The language of a health insurance policy was not so clear that, as a matter of law, plaintiffs should have figured out as soon as they read the policy that it would not pay for what the defendant-insurance agent said it would pay for. Therefore, defendants have not shown that plaintiffs’ fraud and unfair trade practices claims are time-barred. Plaintiffs’ motion to remand to state court is granted. Plaintiffs’ request for costs and expenses is denied.

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Criminal Practice – Kidnapping – Removal – Single Room – Insufficient Showing – Jury Instructions

State v. Boyd According to the victim’s own testimony, the entirety of her encounter with defendant occurred within the confines of her living room. There was evidence that defendant confined and restrained the victim, but there was no evidence that he “removed” her. The trial court should not have given the jury the alternative instruction that defendant could be convicted of kidnapping if he “removed” the victim “from one place to another.”

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Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal

Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.

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