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Statute of Limitations

Sep 27, 2012

Civil Practice – Statute of Limitations – Miller Act – Breach of Contract – Subcontractor’s Continued Performance

United States ex rel. Burkholder v. Connelly Even though a second-tier subcontractor who was hired by plaintiff -- a first-tier subcontractor -- continued to work after the prime contractor ordered plaintiff off the construction site, the statute of limitations started running when plaintiff was ousted from the site, not when the second-tier subcontractor finished his work a few days late[...]

Sep 26, 2012

Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

Sep 25, 2012

Civil Practice – Statute of Limitations – Labor & Employment – Public Employees – Schools & School Boards – Teacher Tenure – Amended Statute

Thompson v. Charlotte-Mecklenburg Board of Education After plaintiff’s return from California and her completion of a one-year teaching contract, the defendant-school board should have voted on tenure status for plaintiff, who had career status as a teacher before she moved to California.

Sep 5, 2012

Tort/Negligence – Grave Desecration – Civil Practice – Statute of Limitations – Real Property – Disclosure

Robinson v. Wadford Plaintiffs contend that their grave desecration claim is subject to a 10-year statute of limitations, but the complaint alleges that “sometime prior to 1999 … defendants piled substantial amounts of old pallets, metal and tile on top of the grave sites.” Since plaintiffs did not file their complaint until 2011, their claim is time-barred.

Aug 22, 2012

Tort/Negligence – Wrongful Death — Medical Malpractice – 9(j) Certification – Statute of Limitations—Expert Witness – First Impression – Partial Dismissal

Estate of Wooden v. Hillcrest Convalescent Center, Inc. Where a trial court grants a motion to dismiss pursuant to Rule 9(j) requirement s for expert testimony in a medical malpractice case, the court must include in that order its findings of fact and conclusions of law to support its action. What’s more, the trial court need not dismiss in its entirety a medmal complaint only partiall[...]

Aug 14, 2012

Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

Jul 26, 2012

Tort/Negligence – Professional Negligence – Real Property – Appraisals – Justifiable Reliance – Civil Practice – Statute of Limitations

Cabrera v. Hensley Since plaintiffs had already contracted to buy the lots at issue before the defendant-appraisers appraised the lots, plaintiffs could not have relied on the appraisals in obligating themselves to buy the lots.

Jun 28, 2012

Civil Practice – Statute of Limitations – Federal Question Jurisdiction – State Court Action – Voluntary Dismissal Without Prejudice – Savings Provision – Inapplicable

United States ex rel. Martin Marietta Materials, Inc. v. DTC Engineers & Constructors, LLC Since the plaintiff-supplier’s claim against the defendant-contractor is under the Miller Act – a federal statute with its own statute of limitations – plaintiff’s voluntary dismissal of its state court action pursuant to N.C. R. Civ. P. 41(a) did not give plaintiff an extra year to file sui[...]

Jun 26, 2012

Civil Practice – Statute of Limitations – Tort/Negligence – Conversion Claim – Accrual Date – Judgment Debtor – RICO – Voluntary Dismissal – Bad Faith

Eubank v. Van-Riel A New York attorney had a $100,000+ judgment against plaintiff. Plaintiff’s state-law claims against defendants arose when plaintiff learned that defendants had paid the New York attorney $30,000 that defendants owed to plaintiff. Although the New York attorney temporarily returned the funds to defendants in order to complete the steps necessary to comply with New Yor[...]

Jun 22, 2012

Contract – Burial Plot Purchase – Resale to Another – Civil Practice – Statute of Limitations – Tort/Negligence

Hardin v. York Memorial Park In 1993, when her husband died, plaintiffs’ decedent bought three burial plots from defendants — one for her husband, one for herself, and one for another family member. Where defendants resold one of the plots to a stranger in 1993, and where plaintiffs originally filed suit on Nov. 9, 2006, their breach of contract claim as to that plot is time-barred. H[...]

Jun 6, 2012

Consumer Protection – ‘Improper Fees’ – Civil Practice – Statute of Limitations – Putative Class Action

Delebreau v. Bayview Loan Servicing LLC A West Virginia consumer credit statute’s one-year statute of limitations, which runs from the “due date of the last scheduled payment of the agreement,” started on the date the lender accelerated the borrower’s mortgage loan, not on the 2030 loan maturity date designated in the loan documents, and the 4th Circuit upholds the district court�[...]

May 9, 2012

Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – Breach of Contract

Kearney v. Barker Plaintiff made it clear that his original complaint was intended to sue only the father, Phillip Junior Barker, and not the son, Phillip Renard Barker. After the statute of limitations had run, plaintiff filed an amended complaint adding the son as a defendant.

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