BY BRIAN J. CARNEY BridgeTower Media Newswires Every aspect of trial preparation is important. But just because you spend time preparing a witness, don’t assume the witness will succeed when called to testify. How can a trial lawyer ensure that ...

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  On a winter night in 2012, Lakeshia Wells called the police, telling them that she had been held in her apartment against her will for two hours by her estranged husband. The officer who arrived spoke with Wells, and ...

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A medical device maker that expects to be sued for patent infringement will be able to preserve the deposition testimony of an elderly and ailing inventor before any suit is filed against it, thanks to a little-used rule of procedure, ...

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The North Carolina Court of Appeals has upheld the dismissal of a defamation suit against a lawyer who testified at a now-disbarred attorney’s disciplinary hearing. Since the proceeding concerned the lawyer’s handling of client funds, and the lawyer’s comments were ...

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State v. McKiver (Lawyers Weekly No. 011-180-16, 22 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court (Benjamin G. Alford, J.) N.C. App. Holding:  Information obtained by police via an anonymous 911 call and a call back to ...

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Underwood v. Ordonez (Lawyers Weekly No. 012-024-16, 11 pp.) (Robert Hunter Jr., J.) Appealed from Wake County Superior Court (Howard Manning Jr., J.) N.C. App. Unpub. Holding: When a deputy responded to defendant’s call to report someone breaking into her ...

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Beard v. WakeMed (Lawyers Weekly No. 14-07-0104, 13 pp.) (Donna Stroud, J.) Appealed from the Industrial Commission. N.C. App. Holding: Defendants argue that “the only evidence that plaintiff did sustain [a compensable back] injury is plaintiff’s own testimony” and “plaintiff ...

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Department of Transportation v. Ashcroft Commons, LLC Although the defendant-landowner’s expert, Fitzhugh Stout, did say that his 30 percent reduction in the value of defendant’s remaining land was “really a combination of everything,” the record shows that the primary focus of Stout’s opinion as to the 30 percent reduction was the deprivation of access to the property due to the erection of a highway median that prevented northbound traffic from turning left into the property.

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State v. Hatfield When the jury asked to hear a reading of the victim’s testimony, the trial court simply told the jury, “We can’t do that.”

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State v. Comeaux The trial court’s decision to close the courtroom during the victim’s testimony is supported by its findings as to the victim’s youth, the graphic nature of her testimony, and attempts by the defendant’s wife to intimidate the victim.

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