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Jun 7, 2018

NC Constitution Party recognized as official party

RALEIGH (AP) There’s another new official political party in North Carolina that can field candidates in November’s general elections. The state elections board voted June 6 to recognize the Constitution Party of North Carolina after group members collected more than 12,000 valid signatures from registered voters before a deadline. The Constitution Party joins the recently recognized [...]

Oct 17, 2013

Civil Practice – Federal Jurisdiction – Diversity – Remand – Fraudulent Joinder Argument – Contract – Third-Party Beneficiary

Sonic Automotive, Inc. v. Blanchard : Although defendant argues that the N.C. plaintiff fraudulently joined a Texas car dealership as a plaintiff in order to defeat diversity, the complaint alleges that the Texas dealership was a third-party beneficiary of the (allegedly breached) contract between the N.C. company and the Texas-resident defendant. In fact, the Texas dealership was defenda[...]

Aug 15, 2013

Civil Practice – Motion to Intervene – No Ruling – Other Motions – Garnishment

Lockhart v. Tri-State Housing, Ltd. In this garnishment proceeding, the trial court never ruled on the appellant-bank’s motion to intervene. Therefore, the trial court lacked jurisdiction to rule on the bank’s other motions. Vacated and remanded.

Jan 17, 2011

Third-party workplace explosion suit settles for nearly $2.9M

This action arose from a fire and explosion that occurred at a feed and grain mill, which was owned and operated by the third-party defendants. The plaintiff was not employed by the feed and grain mill, but instead was employed by a subcontractor that had been hired to perform repair work at the mill. The […]

Dec 30, 2010

Practical Litigator: Consider third-party premises liability when analyzing comp claims

By MARK McGRATH, Special to Lawyers Weekly [email protected]   Somewhere in the dark recesses of our memories, most of us can recall a measure of what we learned during our first year of law school. Ah, how fondly I recall those salad days spent in torts class. Remember learning about the duties owed by property […]

Dec 14, 2010

Jury discounts contrib defense in trucker’s P.I. case

It was a cold day in December 2008 when Mike Sprinkle backed his tanker truck up to the loading dock at an asphalt plant in Greensboro and, like he had done many times before, climbed a ladder to the top of the truck and guided a pipe into an opening for a refill. An employee of the plant, Hammaker East, told Sprinkle that the pipes were clogged and it would be a short while before the asphalt sta[...]

Oct 8, 2010

Practical Litigator: Third-party cases in hiding – The corporate relative case

Several years ago a prominent and weather-tested workers' compensation lawyer from down east approached me at a CLE where I had just finished a presentation on inadequate-security cases. He represented the estate of a young woman who had been murdered while working at a check-cashing store, leaving behind two young children. The facts of the case were horrific. The woman was working alone on a Sat[...]

Aug 2, 2010

Mediated settlement reached in Indian Beach condo dispute

The plaintiff was serving as general contractor on a 70-unit condominium project located at Indian Beach (“the project”) in a contract with Shearin Family Investments, LLC (“Shearin”). The defendant was the construction lender for the project. Beginning in 2007, the plaintiff provided construction services for the project. Shearin was chronically behind on payment, and, the[...]

Jul 8, 2010

Workplace explosion results in $8.7M settlement for third-party contractors

The case involved two workers who were called into an industrial plant to help repair some faulty equipment. They were not employed by the plant, but instead, were third-party contractors with specialized skill. During the course of the workers’ performance of their duties, there was a fault in a piece of industrial equipment. The two […]

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