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Sanctions of $270K upheld
The North Carolina Court of Appeals has affirmed a trial judge’s order imposing nearly $270,000 in Rule 11 sanctions on a multi-state corporate defense firm, the lawyer in charge of the firm’s Winston-Salem office, and their client. The court’s unanimous decision came after the client in question, Kenneth Moch, issued an apology and retraction […]
Lawyer, firm, and client hit for $270K
A judge in Orange County has delivered a nearly $270,000 bench slap by way of relatively rare Rule 11 sanctions against a multi-state corporate defense firm, one of its members in charge of the Winston-Salem office and his client. Superior Court Judge A. Graham Shirley held in a 29-page order issued in late May that […]
Real Property – Municipal – Subdivision Plat – Street Depiction – Easement Appurtenant – Town Development – Rule 11 Sanctions
Seidner v. Town of Oak Island Plaintiffs’ deed refers to a recorded subdivision plat that shows a street adjacent to their lot, which street ends at the Intracoastal Waterway. Without exercising its power of eminent domain, the defendant-town may not interfere with plaintiffs’ easement in the street by building park-like structures at the end of the street and thereby encouraging incr[...]
Civil Practice – Rule 11 Sanctions – Improper Purpose – Insufficient Showing – Municipal – Zoning – Notice
Coventry Woods Neighborhood Association, Inc. v. City of Charlotte Contrary to the trial court’s finding, plaintiffs refuted evidence that their primary purposes in filing their lawsuits were to delay and harass the defendant-developer. Plaintiffs showed that resort to the courts was their only avenue to contest the defendant-city’s decision to allow the developer to increase the dens[...]
Sanctions upheld in two cases with false abuse claims
The Court of Appeals tackled the issue of unsubstantiated claims of sexual abuse in the context of child-custody cases in two March 1 opinions - and upheld sanctions in both disputes. In one case, Lamm v. Lamm, the court sanctioned Pamela R. Lamm after she filed an emergency motion alleging that her son would be "exposed to a substantial risk of bodily injury or sexual abuse" if an immediate order[...]
Domestic Relations – Child Custody – Modification of Existing Order – Rule 11 – Sanctions
Lamm v. Lamm. (Lawyers Weekly No. 11-07-0213, 17 pp.) (Rick Elmore, J.) Appealed from Pasquotank County District Court. (C. Christopher Bean, J.) N.C. App. Click here for the full text of the opinion. Holding: Since the evidence indicated that the mother sought an emergency custody order – alleging sexual abuse of the parties’ son by […]
Domestic Relations – Child Custody – Visitation – Costs – Interest – Rule 11 – Sanctions
Peters v. Pennington. (Lawyers Weekly No. 11-07-0215, 42 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court. (Rebecca T. Tin, J.) N.C. App. Click here for the full text of the opinion. Holding: Where there was evidence that the defendant-mother, a child psychologist falsely accused the plaintiff-father of sexually abusing their children […]
Real Property – Non-Exclusive Easement – Res Judicata – Attorney’s Fees – Sanctions – Rule 11 – Administrative
Barris v. Town of Long Beach. (Lawyers Weekly No. 10-07-1211, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Click here for the full text of the opinion. Holding: The plaintiffs failed to exhaust their administrative remedies in challenging the town’s permit application; therefore, the trial court […]
Tort/Negligence – Personal Injury – Physician/Patient Privilege – Motion to Compel – Rule 11 Sanctions
Brown v. Staten. (Lawyers Weekly No. 10-16-1185, 16 pp.) (Martha A. Geer, J.) Appealed from Lenoir County Superior Court. (Paul L. Jones, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: When a plaintiff alleges personal injury, she cannot refuse to provide medical records claiming physician/patient privilege. On the other […]
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Commentary
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