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 ...

Tagged with: Statute of Limitations

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, ...

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A Huntersville man might have to demolish his $600,000 house because a corner of the building encroaches on a Duke Energy easement. The utility company’s suit against Herbert Gray would have been barred by the six-year statute of limitations that ...

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Manion v. North Carolina Medical Board (Lawyers Weekly No. 002-017-16, 22 pp.) (Terrence Boyle, J.) 5:16-cv-00063; E.D.N.C. Holding: Even though the 2008 amendment to the Americans with Disabilities Act made it easier for plaintiff to bring his discrimination claim, the ...

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Tillery v. Tillery (Lawyers Weekly No. 012-142-16, 13 pp.) (Lucy Inman, J.) Appealed from Wilson County Superior Court (J. Carlton Cole, J.) N.C. App. Unpub. Holding: Where plaintiff is seeking to have sealed instruments – a trust and deeds – ...

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Rainey v. City of Charlotte (Lawyers Weekly No. 011-178-16, 12 pp.) (Rick Elmore, J.) Appealed from the Industrial Commission. N.C. App. Holding: A doctor told plaintiff in 2000 that his shoulder pain came from his job, that he should modify ...

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Christenbury Eye Center, P.A. v. Medflow, Inc. (Lawyers Weekly No. 15-15-0643, 14 pp.) (James Gale, C.J.) 2015 NCBC 61 Holding: According to the parties’ 1999 contract concerning medical office software, defendants were supposed to give plaintiff monthly sales reports and ...

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Martin Marietta Materials, Inc. v. Bondhu, LLC (Lawyers Weekly No. 15-07-0501, 12 pp.) (Mark Davis, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Holding: Two statutes of limitations could apply to plaintiff’s claim (for repayment of ...

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Litigants seeking judicial review of adverse unemployment benefits decisions can now expect to face a serious time crunch after a first impression ruling by the North Carolina Court of Appeals.

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Asheville lawyer Adam Bull had to dig into state case law established before the Great Depression to prevail in a dispute over the statute of limitations in a foreclosure action involving a family of farmers.

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