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Feb 22, 2016

Civil Practice – Discovery Sanction – Answer Stricken – Lesser Sanctions – Findings & Conclusions

Carolina Christian Ministries, Inc. v. Prayer & Deliverance Ministries, Inc. (Lawyers Weekly No. 012-037-16, 5 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (Yvonne Mims Evans & Christopher Bragg, JJ.) N.C. App. Unpub. Holding: When defendants failed to respond to plaintiff’s discovery requests after the trial court had ordered them to do so, […]

Jul 16, 2015

Civil Practice — Rule 11 – Factual Basis – Claims against Former Employees

Southeast Air Charter, Inc. v. Stroud (Lawyers Weekly No. 15-15-0715, 18 pp.) (James Gale, C.J.) 2015 NCBC 66 Holding: Plaintiff’s Rule 30(b)(6) deponent admitted that the moving defendants were “run of the mill” employees; accordingly, plaintiff lacked an adequate factual basis for claiming that the moving defendants breached a fiduciary duty to plaintiff, their employer. […]

Feb 12, 2015

COA: Student can recover for college’s failure to uncover his criminal record

A for-profit technical college in Wilmington will have to pay a former student more than $53,000 after it failed to conduct a criminal background check that would have shown the student was ineligible for the program he enrolled in. The North Carolina Court of Appeals let the jury’s verdict stand, but overturned sanctions against the […]

Oct 14, 2014

Civil Practice — Sanctions – Attorneys – Local Rules Violations – Rudeness

Smith v. Bank of Stanly (Lawyers Weekly No. 14-03-0958, 17 pp.) (L. Patrick Auld, USMJ) 1:09-cv-00951; M.D.N.C. Holding: Plaintiff’s counsel violated the local rules by behaving rudely at a deposition and by including in a brief the unsupported assertion that defendant had fabricated a story to discredit plaintiff. Since this is not the type of […]

Nov 29, 2012

State Bar sanctions former Durham prosecutor

The North Carolina State Bar has sanctioned a former prosecutor in Durham for improperly having a woman arrested during a child sex investigation.

Aug 16, 2012

Civil Practice – Discovery – Sanctions – Attorneys

Pitts v. McClanahan Even though, after the court issued an order compelling discovery, plaintiff still failed to provide complete responses to defendants’ discovery requests, plaintiff’s counsel states that he filed this action because of the impending statute of limitations, that he lacks experience litigating in federal court and that much of the information requested by defendants [...]

May 30, 2012

Attorneys – Sanctions – Civil Practice – Discovery – Deposition – Corporate Representative

Billips v. NC Benco Steel, Inc. Even though defendant substituted a new person as corporate representative at plaintiff’s deposition, this did not justify plaintiff leaving the deposition. The magistrate judge’s award of sanctions against plaintiff’s counsel is affirmed.

Nov 2, 2011

Bankruptcy – Automatic Stay – Violation – Sanctions – Post-Discharge Collection – Student Loans – Excepted from Discharge

In re Green Even though the creditor-university has now changed its procedures so that it will not attempt to collect a student’s debts when the university is subject to an automatic bankruptcy stay, the university should not have waited until 2010 to do so. The debtor’s motion for sanctions for violation of the automatic stay is granted in the amount of $2,000. However, the univer[...]

Sep 21, 2011

Domestic Relations – Equitable Distribution – Civil Practice – Discovery – Sanctions — Contempt

Ross v. Ross The plaintiff-husband was ordered to respond to the defendant-wife’s discovery requests, but he responded that information about the Emerald Isle property at issue was “proprietary” and would be revealed in court at the equitable distribution hearing “when necessary.” He also claimed he could not produce financing information about the property because his former attorn[...]

Jul 26, 2011

Workers’ Compensation – Light Work – Medical Excuse – Lay-Off – Sanctions – Unsupported Finding

Cain v. Ingersoll Rand Co. Even though plaintiff returned to light duty after his injury and was subsequently laid off as part of a reduction-in-force, plaintiff engaged in no misconduct, and his doctor wrote him out of work pending surgery; therefore, plaintiff did not constructively refuse suitable employment. We affirm the Industrial Commission’s award of benefits. However, we vac[...]

May 20, 2011

Civil Practice – Appeals – Voluntary Dismissal – Denial of Motion to Dismiss – Sanctions

Housing Authority v. Sparks Engineering, PLLC Plaintiff voluntarily dismissed its action against defendant, so this court cannot review the trial court's denial of defendant's motions to dismiss and to designate as a complex business case. Appeal dismissed. We deny defendant's petition for a writ of certiorari.

May 19, 2011

Judges – Recusal – Personal bias – Sanctions

Harrington v. Wall A motion for judicial recusal, filed by the defendant in a child support case, was properly denied for lack of any substantial showing of personal bias, prejudice or interest on the part of the judge.

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