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Civil Practice – Statute of Repose – Tort/Negligence – Schools & School Boards
Doe v. Catawba College (Lawyers Weekly No. 012-047-17, 8 pp.) (McCullough, J.) Appealed from Mecklenburg County Superior Court (James W. Morgan, J.) N.C. App. Unpub. Holding: Where plaintiff filed his complaint against the college and its employee in July 2015 based upon allegations of sexual assault that occurred in July 1990, and despite allegations that […]
Workers’ Compensation – Judicial Lien – Tort/Negligence – Third-Party Judgment – Civil Practice – Res Judicata – Superior Court Judge Rule
Murray v. Moody (Lawyers Weekly No. 011-065-17, 22 pp.) (Valerie Zachary, J.) Appealed from Wilson County Superior Court (Reuben Young, J.) N.C. App. Holding: Since the statutory method for determining a workers’ compensation lien is designed to operate after a judgment has been obtained, that judgment is not res judicata to a decision about the […]
Real Property – Tort/Negligence – Post-Foreclosure Sale Listing – Wrong Property
PLS Investments, LLC v. Ocwen Loan Servicing, LLC (Lawyers Weekly No. 004-005-17, 22 pp.) (David Keesler, USMJ) 5:14-cv-00139; W.D.N.C. Holding: Plaintiff claims that defendants lowered the sale value of plaintiff’s lot by claiming on the internet that the lot was a foreclosure property. However, the record reflects that (1) defendants or their agents listed for […]
Contract – Confidentiality Agreement – Tort/Negligence – Tortious Interference – Unfair Trade Practices – Labor & Employment
Syndicated Services, Inc. v. Yarbrough (Lawyers Weekly No. 020-024-17, 17 pp.) (Michael Robinson, J.) 2017 NCBC 13 Holding: According to plaintiff’s complaint, in exchange for being hired by plaintiff, defendant signed a confidentiality agreement, which defines “Confidential Information” as nonpublic information disclosed between the parties and written materials and discussions related to p[...]
Labor & Employment – Tort/Negligence – Misappropriation of Trade Secrets – Civil Practice – Preliminary Injunction – Covenant Not to Compete
American Air Filter Co. v. Price (Lawyers Weekly No. 020-020-17, 24 pp.) (Gregory McGuire, J.) 2017 NCBC 9 Holding: After he was offered a job by plaintiff’s competitor, defendant-Price only accessed the same confidential information that plaintiff had always given him access to; however, plaintiff has shown that (1) Price’s new employer, defendant Camfil USA, […]
Corporate – Self-Dealing – Tort/Negligence – Breach of Fiduciary Duty – Release – Defense Costs – Nevada Law
Islet Sciences, Inc. v. Brighthaven Ventures, LLC (Lawyers Weekly No. 020-015-17, 23 pp.) (Gregory McGuire, J.) 2017 NCBC 4 Holding: Plaintiff has alleged that, knowing their actions could irreparably damage plaintiff and its shareholders, the defendant-directors intentionally (1) took the benefits of reduced payments negotiated with non-party Kissei Pharmaceuticals; (2) diverted to their defendan[...]
Contract – Landlord/Tenant – Commercial Office Space – Letter of Intent & Draft Lease – Duty to Negotiate in Good Faith – Tort/Negligence – Interference with Prospective Economic Advantage
Remi Holdings, LLC v. IX WR 3023 HSBC Way L.P. (Lawyers Weekly No. 020-004-17, 20 pp.) (Louis Bledson III, J.) 2016 NCBC 96 Holding: The parties’ letter of intent left certain details for their proposed lease undecided; furthermore, the letter of intent repeatedly emphasizes its nonbinding nature and makes its terms contingent upon a buyout […]
Labor & Employment – Covent Not to Compete – Tort/Negligence – Wrongful Interference with Prospective Contract – Job Reference Shield Law
Bochkis v. Medical Justice Services, Inc. (Lawyers Weekly No. 020-082-16, 15 pp.) (Michael Robinson, J.) 2016 NCBC 89 Holding: Plaintiff alleges that his former employer (defendant) and Healthgrades Operating Company – the parent company of plaintiff’s prospective employer – were potential “partners” and that defendant’s alleged interference with plaintiff’s prospective employment re[...]
Civil Practice – Statute of Limitations – Tort/Negligence – Negligent Construction – Breach of Contract – RICO
Lee v. Moore (Lawyers Weekly No. 012-220-16, 14 pp.) (John Tyson, J.) Appealed from Bladen County Superior Court (Tanya Wallace, J.) N.C. App. Unpub. Holding: Even though the complaint alleges that plaintiff did not notice problems with the defendant-contractor’s 2010 repair job until 2014, the June 17, 2015 complaint was not filed within the three- […]
Civil Practice – Federal Question Jurisdiction – FERPA – Tort/Negligence – Civil Conspiracy Bases – Schools & School Boards
Hall v. Levinson (Lawyers Weekly No. 002-027-16, 8 pp.) (Louise Flanagan, J.) 4:16-cv-00224; E.D.N.C. Holding: Plaintiffs alleged several bases for their civil conspiracy, one of them being that defendants violated the Federal Educational Rights and Privacy Act. Since other theories in support of plaintiffs’ civil conspiracy claim do not call for an interpretation of federal […]
Civil Practice – Personal Jurisdiction – In-State Service of Process – Tort/Negligence – Domestic Relations – Alienation of Affection
Hedeen v. Isbell (Lawyers Weekly No. 011-353-16, 9 pp.) (Wendy Enochs, J.) Appealed from Buncombe County Superior Court (Alan Thornburg, J.) N.C. App. Holding: Since defendant was personally served with process while she was physically present in the State of North Carolina, the trial court acquired in personam jurisdiction over defendant and the need for […]
Civil Practice – Motion to Amend – Futility – Tort/Negligence – Duty to Negotiate in Good Faith – Fraudulent Concealment
Insight Health Corp. v. Marquis Diagnostic Imaging of North Carolina, LLC (Lawyers Weekly No. 020-070-16, 18 pp.) (Louis Bledsoe III, J.) 2016 NCBC 75 Holding: In the letter of intent regarding negotiations for plaintiff to buy defendant’s assets, the parties explicitly said there would be no obligations to extend negotiations and that the parties could […]
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Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
