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Civil Practice – Declaratory Judgment – Statute of Limitations & Laches – Accrual Date
Our Supreme Court has held that “[s]ince proceedings for declaratory relief have much in common with equitable proceedings, the equitable doctrine of laches has been applied in such proceedings.” Taylor v. Raleigh, 290 N.C. 608, 227 S.E.2d 576 (1976), and the Supreme Court has applied statutes of limitations to declaratory judgment actions. Penley v. Penley, […]
Judge raised statute of limitations defense for no-show debtor
Some judges pride themselves on going the extra mile in court. But sometimes that extra mile is a stretch too far. In Mecklenburg County, District Court Judge Becky Tin took it upon herself to raise a statute of limitations defense for a debtor who was being sued by a debt collection agency and didn’t bother […]
Civil Practice – Statute of Limitations – Breach of Fiduciary Duty – Trusts & Estates – Power of Attorney
Honeycutt v. Weaver (Lawyers Weekly No. 011-030-18, 18 pp.) (Rick Elmore, J.) Appealed from Forsyth County Superior Court (Susan Bray, J.) N.C. App. Holding: In 2005, five years before the parties’ mother passed away, the defendant-daughter – the mother’s attorney-in-fact – transferred the mother’s real property to herself. Since there is no indication that the […]
Civil Practice – Statute of Limitations – Tort/Negligence – Auto Accident – Insurance – UM Carrier – Service of Process
Powell v. Kent (Lawyers Weekly No. 011-017-18, 9 pp.) (John Arrowood, J.) Appealed from Haywood County Superior Court (Sharon Tracey Barrett, J.) N.C. App. Holding: Although plaintiff instituted an action within the three-year limitations period applicable to automobile negligence actions and properly served the individual defendants, the uninsured motorist carrier was not served with the [&hellip[...]
Taxation – Statute of Limitations – Unfiled Return – Refund Request – DOR Notice
N.C. Department of Revenue v. Bass (Lawyers Weekly No. 020-004-18, 17 pp.) (Michael Robinson, J.) 2017 NCBC 112 Holding: Under the statute of limitations in G.S. § 105-241.6(a), a taxpayer has three years to apply for a refund, and G.S. 105-241.7(a) requires the Department of Revenue to refund an overpayment if the DOR discovers the […]
Civil Practice – Statute of Limitations – Tolling – Incompetency – No Adjudication – Tort/Negligence – Medical Malpractice
Ragsdale v. Whitley (Lawyers Weekly No. 011-006-18, 14 pp.) (John Arrowood, J.) Appealed from Cumberland County Superior Court (Beecher Gray, J.) N.C. App. Holding: If a person meets the statutory definition of an “incompetent adult” under G.S. § 35A-1101(7), the applicable statute of limitations is tolled until the disability is removed. There is no requirement […]
Workers’ Compensation – Statute of Limitations – Fired Employee – Disability – Hernias – Parsons Presumption
Anders v. Universal Leaf North America (Lawyers Weekly No. 011-127-17, 26 pp.) (Valerie Zachary, J.) Appealed from the Industrial Commission. N.C. App. Holding: Even though the Industrial Commission failed to give plaintiff the benefit of the Parsons presumption, his claim for medical benefits was time-barred, and he failed to prove that he suffered any disability […]
Civil Practice – Statute of Limitations – Continuing Wrong Doctrine – Inapplicable – Domestic Relations – Wage Garnishment – Tort/Negligence
Williams v. Rojano (Lawyers Weekly No. 011-078-17, 19 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Holding: Even though plaintiff’s Feb. 9, 2015, complaint alleges that defendants continued to garnish his wages – after he had paid all amounts due and at double the rate allowed […]
Civil Practice – Statute of Limitations – Continuing Wrong Doctrine – Inapplicable – Domestic Relations – Wage Garnishment – Tort/Negligence
Williams v. Rojano (Lawyers Weekly No. 012-045-17, 19 pp.) (Wanda Bryant, J.) Appealed from Wake County Superior Court (G. Bryan Collins Jr., J.) N.C. App. Unpub. Holding: Even though plaintiff’s Feb. 9, 2015, complaint alleges that defendants continued to garnish his wages – after he had paid all amounts due and at double the rate […]
Civil Practice – Statute of Limitations – Equitable Estoppel – Homeowners’ Insurance – Rebuilding Claims
Bankaitis v. Allstate Insurance Co. (Lawyers Weekly No. 003-003-17, 11 pp.) (Loretta Biggs, J.) 1:16-cv-00146; M.D.N.C. Holding: After plaintiffs’ home was destroyed by fire, defendant allegedly waited until the time for filing had expired to tell plaintiffs that they needed to file a separate claim for damage caused by contractor error. Plaintiffs’ allegations support the […]
Workers’ Compensation – Statute of Limitations – Medical Benefits – Indemnity Underpayment
Lewis v. Transit Management of Charlotte (Lawyers Weekly No. 011-395-16, 17 pp.) (Douglas McCullough, J.) Appealed from the Industrial Commission. N.C. App. Holding: Where defendant’s last payment of medical compensation was made on April 22, 2010, the two-year statute of limitations in G.S. § 97-25.1 bars plaintiff’s May 5, 2014, request for additional compensation for […]
Contract – Pharmacy Management – Counterclaims – Statute of Limitations – Recoupment
Crescent Foods, Inc. v. Evason Pharmacies, Inc. (Lawyers Weekly No. 020-069-16, 18 pp.) (Gregory McGuire, J.) 2016 NCBC 74 Holding: Where defendant’s counterclaim for recoupment – seeking to recover expenses for plaintiff’s pharmacies, equipment and fixture purchases for the pharmacies, and refunds for unused and returned prescription drugs – arises from the same transaction as […]
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Commentary
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- The flip side of generative AI in law and how to address it
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- Lawyers Weekly debuts new and improved web experience
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