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Apr 25, 2011

Intellectual Property – Domain Name – Seven-Figure Price Tag – ACPA Damages – Attorneys – Sanctions

Newport News Holdings Corp. v. Virtual City Vision Inc. (Lawyers Weekly No. 11-01-0428, 30 pp.) (Duncan, J.) No. 09-1947, April 18, 2011; USDC at Newport News, Va. 4th Cir. Holding: The owner of a website that started with city information about Newport News, but then began adding women’s fashions and put a seven-figure price tag […]

Apr 21, 2011

Appeals court reinstates another sanction against hospital in comp case

By PAUL THARP, Staff Writer [email protected]   Not only was Mission Hospital’s defense of nurse Terry Cawthorn’s comp claim unreasonable, “but the tactics in which the hospital engaged also constituted a conscious attempt to mislead [her] as to her entitlement to workers’ compensation benefits.” So wrote Court of Appeals Judge Cheri Beasley in an Apr[...]

Mar 9, 2011

Attorneys – Sanctions – Fraud – Credit Card Debt

Lucas v. R.K. Locke & Associates. Where an attorney employed by a credit collection group sued the group and others on behalf of the plaintiffs who claimed the defendants engaged in fraud, the orders . . .

Mar 4, 2011

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 […]

Jan 6, 2011

Civil Practice – Contempt – Deposition – Sanctions – Rule 45 – Rule 37

First Mount Vernon Industrial Loan Assoc. v. Prodev XXII, LLC. The trial court did not err by holding a nonparty who failed to appear at a duly noticed deposition in contempt under Rule 45(e). However, the trial court erred by sanctioning the nonparty . . .

Dec 23, 2010

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 […]

Dec 15, 2010

Civil Practice – Rule 11 – Sanctions – Homeowners’ Association – Notice

Vintage Condominiums Association, Inc. v. Richardson. (Lawyers Weekly No. 10-16-1196, 14 pp.) (Martha A. Geer, J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err when it denied the defendants’ motion for Rule 11 sanctions […]

Oct 13, 2010

Civil Practice – Requests for Admission – Service – Summary Judgment – Sanctions

Faulkerson v Allen. The defendant properly served his answer, request for admissions and counterclaims upon the plaintiffs by sending them in the mail to plaintiffs' last known address. Given the plaintiffs' failure to respond to the requests for admission and counterclaims, the trial court did not err by granting summary judgment in favor of the defendant. Since none of the contentions t[...]

Sep 27, 2010

Workers’ Compensation – Trial Return to Work – Unsuccessful – Unilateral Benefits Termination – Amended Rules – Sanctions

Baxter v. Danny Nicholson, Inc. Even though plaintiff did not file a Form 28U after his trial return to work proved unsuccessful, defendant already knew the trial return to work had been unsuccessful when it stopped paying plaintiff benefits. Defendant refused to reinstate those benefits even after a rules change and case law made clear that a Form 28U was not required before benefits wer[...]

Sep 14, 2010

Tort/Negligence – Discovery – Motion to Compel – Sanctions – Prejudice

Rekechinsky v. Griffiths. (Lawyers Weekly No. 10-16-0900, 6 pp.) (Elmore, Rick, J.) Appealed from Wake County Superior Court (Paul C. Ridgeway, J.) N.C. App. Unpub. Holdings: The trial court abused its discretion by granting an order to compel production of documents and simultaneously sanctioning the plaintiff for failing to comply with the order. The plaintiff […]

Sep 14, 2010

Plaintiff gets new trial after discovery sanction struck down

A Wake County auto tort plaintiff will get a new trial after the Court of Appeals held that the trial court abused its discretion by ordering production of documents and simultaneously sanctioning him for failing to comply with its order. The trial court sanctioned the plaintiff by excluding two medical bills totaling $3,455 from evidence. Noting that the jury considered $8,705 of medical bills be[...]

Aug 26, 2010

Civil Practice – Rule 11 – Contempt – Sanctions

Ward v. Jett Properties, LLC.  (Lawyers Weekly No. 10-16-0828, 6 pp.) (Cheri Beasley, J.) Appealed from Forsyth County Superior Court (Denise S. Hartslfield, J.) N.C. App. Unpub. Holding: The trial court did not err when it found the plaintiff in willful contempt of an order to pay sanctions and when it found that the plaintiff […]

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