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Zoning – Standing – Asphalt Plant – Neighbors – Special Damages
Petitioners’ only admissible evidence of special damages was their own testimony that their property would suffer a diminution in value if the Hampton respondents’ asphalt plant were allowed to operate; consequently, petitioners lack standing to seek review of the superior court’s order affirming county’s decision to allow the plant to operate. Petitioners’ appeal is dismissed. […[...]
Civil Practice – Standing – Settlement Agreement – Existing Claims – Subject Matter Jurisdiction
After a receiver was appointed to settle the affairs of his business, plaintiff entered into a settlement agreement with the receiver, giving up all causes of action, including any unasserted claims. Accordingly, plaintiff lacked standing to sue defendants for their pre-settlement filing of a UCC-1 against assets of the business. We affirm the trial […]
Civil Practice – Standing – Injury in Fact – Civil Rights – ADA – Access Barriers
Nanni v. Aberdeen Marketplace, Inc. (Lawyers Weekly No. 001-004-18, 20 pp.) (Robert King, J.) 16-1638; Dec. 21, 2017; USDC at Baltimore, Md. (William Nickerson, S.J.) 4th Cir. Holding: A wheelchair-bound plaintiff adequately alleged an injury-in-fact when he alleged that (1) in the past, he has stopped at the defendant-shopping center and encountered architectural barriers which […]
Civil Practice – Subject Matter Jurisdiction – Standing – Disputed Real Property Rights – Bankruptcy
WLAE, LLC v. Edwards (Lawyers Weekly No. 011-402-17, 15 pp.) (Rick Elmore, J.) Appealed from Henderson County Superior Court (Mark Powell, J.) N.C. App. Holding: An invalid assignment of rights leaves plaintiff without standing to sue over the logging of property owned by a Florida limited partnership in which plaintiff was a limited partner. We […]
Civil Practice – Standing – Injury Requirement – Speculative – Property Protection Act – Constitutional – First Amendment
People for the Ethical Treatment of Animals, Inc. v. Stein (Lawyers Weekly No. 003-011-17, 38 pp.) (Thomas Schroeder, J.) 1:16-cv-00025; M.D.N.C. Holding: The North Carolina Property Protection Act (the Act) creates a civil cause of action for a North Carolina employer against an employee who “captures or removes” documents from the employer’s premises or records […]
Civil Practice – Standing – Injury in Fact – UNC Athletes – ‘Shadow Curriculum’ – Educational Malpractice
Arnold v. University of North Carolina at Chapel Hill (Lawyers Weekly No. 012-068-17, 10 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (Robert Ervin, J.) N.C. App. Unpub. Holding: Plaintiffs attended the defendant-university on athletic scholarships and were allegedly funneled into the “shadow curriculum” of the Department of African and Afro-American Studies, which [[...]
Partnerships – Standing – ‘Derivative’ Action – Third-Party Claims – Tort/Negligence – Breach of Fiduciary Duty
Gillespie v. Majestic Transport, Inc. (Lawyers Weekly No. 020-063-16, 24 pp.) (Gregory McGuire, J.) 2016 NCBC 67 Holding: One of the equal partners in a general partnership can pursue claims on behalf of the partnership when the other partner allegedly acted in concert with third parties to cause damage to the partnership. Defendants’ motion to […]
Civil Practice – Standing – Rule 12(b)(1) – Casual Connection – Actual Injury – Statute of Limitations
Universal Cab Co. v. City of Charlotte (Lawyers Weekly No. 12-118-16, 31 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court (Louis A. Bledsoe, Jr., J.) N.C. App. Unpub. Holding: Plaintiff cab company brought this action alleging a “pay to play” scheme in connection with the awarding of airport transportation contracts, claiming that […]
Contract — Credit Card Agreement – Civil Practice – Standing – Directed Verdict
First Citizens Bank, NA v. L&M Realty & Investment Property, Inc. (Lawyers Weekly No. 15-16-0257, 16 pp.) (Douglas McCullough, J.) Appealed from Franklin County District Court (Daniel Finch, J.) N.C. App. Unpub. Holding: The individual defendants do not direct us to any legal authority to support their argument that the plaintiff-bank must produce the “original […]
Civil Practice — Standing – Municipal – Airport Taxi Contracts
Khan Bros., Inc. v. City of Charlotte (Lawyers Weekly No. 15-15-0223, 12 pp.) (Louis Bledsoe III, J.) 2015 NCBC 23 Holding: Although plaintiff has alleged corrupt actions on the part of one member of the defendant-city’s council, the injury plaintiff allegedly suffered – not being awarded a contract to provide taxi services at the airport […]
Civil Practice — Standing – Municipal – Airport Taxi Contracts – Statute of Limitations
Universal Cab Co. v. City of Charlotte (Lawyers Weekly No. 15-15-0222, 20 pp.) (Louis Bledsoe III, J.) 2015 NCBC 22 Holding: Although plaintiffs allege various nefarious activities by one city council member, the injury plaintiffs complain about – not being awarded a contract to provide taxi services at the airport – arose from the votes […]
Corporate — Shareholders’ Vote – Civil Practice – Standing – Entry of Default
Velleros, Inc. v. Patterson (Lawyers Weekly No. 15-15-0190, 20 pp.) (Gregory McGuire, J.) 2015 NCBC 15 Holding: Defendant Johnston seeks to amend his counterclaim and to add third-party claims on behalf of plaintiff, but Johnston is not a shareholder in the plaintiff-corporation; therefore, Johnston’s proposed amendments would be futile because he lacks standing. Johnston’s motion […]
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
