The North Carolina Supreme Court has dismissed crossclaims brought against a co-defendant in a business dispute, holding that the claims were barred because they could’ve been litigated in an earlier dispute between the two parties, even though the claimant ...

Tagged with: res judicata

Krakauer v. Dish Network, LLC (Lawyers Weekly No. 003-020-17, 26 pp.) (Catherine Eagles, J.) 1:14-cv-00333; M.D.N.C. Holding: Where defendant expressly declined several opportunities to argue that this consumer class action was based on the same claims as an earlier action ...

Tagged with: res judicata

Edwards v. Richardson (Lawyers Weekly No. 012-144-17, 17 pp.) (Robert Hunter Jr., J.) Appealed from Union County Superior Court (Theodore Royster, J.) N.C. App. Unpub. Holding: Given the short time between the intervenor-plaintiff’s prior action against defendant, as well as ...

Tagged with: res judicata

Phan v. Clinard Oil Co. (Lawyers Weekly No. 012-083-17, 17 pp.) (Robert Hunter Jr., J.) Appealed from Davidson County Superior Court (Kevin Bridges, J.) N.C. App. Unpub. Holding: After having contract-related claims dismissed because they were brought in the name ...

Tagged with: res judicata

Dewey Wright Well & Pump Co. v. Worlock (Lawyers Weekly No. 15-07-0969, 10 pp.) (Donna Stroud, J.) Appealed from Watauga County District Court (Hal Harrison, J.) N.C. App. Holding: Although the trial court previously entered a default judgment against defendant ...

Tagged with: res judicata

Simon v. Moore (Lawyers Weekly No. 15-16-0701, 10 pp.) (John Tyson, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb, J.) N.C. App. Unpub. Holding: Where plaintiff stipulated that his current malicious prosecution claims rely on the “identical ...

Tagged with: malicious prosecution res judicata

Luciano v. Wyatt (Lawyers Weekly No. 15-16-0524, 12 pp.) (Sanford Steelman Jr., J.) Appealed from Catawba County District Court (J. Gary Dellinger, J.) N.C. App. Unpub. Holding: In her two unsuccessful, unappealed pro se small claims actions against the defendant-interior ...

Tagged with: res judicata

Hebenstreit v. Hebenstreit (Lawyers Weekly No. 15-07-0238, 12 pp.) (John Tyson, J.) Appealed from Onslow County District Court (Louis Foy Jr., J.) N.C. App. Holding: It is true that the plaintiff-father’s first contempt motion was dismissed with prejudice for failure ...

Tagged with: Contempt res judicata

MacMillan v. MacMillan (Lawyers Weekly No. 15-07-0215, 36 pp.) (Linda Stephens, J.) Appealed from Forsyth County District Court (David Sipprell, J.) N.C. App. Unpub. Holding: Since defendant’s motion to dismiss plaintiff’s complaint makes no plausible claim that there has ever ...

Tagged with: res judicata

Mazzone v. Bank of America, N.A. (Lawyers Weekly No. 14-16-1138, 8 pp.) (Lisa Bell, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: Elements necessary to plaintiffs’ quiet title and false claim actions were decided ...

Tagged with: res judicata