A stucco manufacturer that advertised a 20-year warranty may have to make good on that offer, despite a North Carolina law that generally requires any lawsuits over real property improvement to be brought within six years of the construction’s completion. ...

Tagged with: N.C. Supreme Court Statute of Repose

Christie v. Hartley Construction, Inc. (Lawyers Weekly No. 14-06-1206, 13 pp.) (Robert Edmunds Jr., J.) (Robert Hunter, J., not participating) Appealed from Orange County Superior Court (Gary Trawick, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: ...

Tagged with: Statute of Repose

Madison University Mall LLC v. Chapel Hill Tire Co. (Lawyers Weekly No. 14-03-0726, 12 pp.) (Catherine C. Eagles, J.) 1:14-cv-00169; M.D.N.C.   Holding: The only claims that survive the defendant’s amended motion to dismiss are the claim for breach of ...

Tagged with: Statute of Repose

WASHINGTON — The ability of a group of North Carolina homeowners to bring a lawsuit over latent contamination in their well water will come down to the U.S. Supreme Court’s answer to a single, if technical, question: Is there a ...

Tagged with: Asheville Statute of Limitations Statute of Repose

RALEIGH – Willful and wanton negligence will be considered in an N.C. Supreme Court appeal that could affect the pocketbooks of homebuilders, construction product manufacturers and homebuyers – and the warranties that bind them. When lawyers in Christie v. Hartley ...

Tagged with: Statute of Repose

Button v. McKnight. After the client's first wife filed a motion in 2008 for relief from their 2005 divorce judgment, attorney McClain from the defendant-law firm allegedly assured the client that his . . .

Tagged with: Attorneys Divorce Domestic Relations Legal Malpractice Legal Malpractice Claim Statute of Limitations Statute of Repose Tort-Negligence Wake County

Robinson v. Bridgestone. For injuries to which G.S. 1-50(6) is applicable, the plaintiff must prove the condition precedent that the cause of action is brought no more than six years after the date of initial purchase of the product for use or . . .

Tagged with: estoppel Halifax County Products Liability Statute of Repose Tort/Negligence

Jones v. United States  (Lawyers Weekly No. 10-07-1095, 12 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holdings: The N.C. General Assembly did not intend the statute of repose clause in G.S. ß 1-52(16) to refer to latent diseases. Instead, latent diseases ...

Tagged with: jurisdiction Statute of Limitations Statute of Repose Tort/Negligence

Statute of Repose - Tort Claims Act - Building Permits

Tagged with: Real Property Statute of Repose Tort Claims Act