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DOT settles five Union County eminent domain cases for $1.4M
The North Carolina Department of Transportation has paid more than $1.4 million to settle eminent domain cases with the owners of five buildings in a business park on Independence Boulevard, according to an attorney for the owners. Jason Campbell of the NC Eminent Domain Law Firm in Durham said the DOT closed the office […]
Real Property – Appurtenant Easement – Ingress & Egress
Hutson v. Thalacker. (Lawyers Weekly No. 11-16-0240, 8 pp.) (J. Douglas McCullough, J.) Appealed from the Union County Superior Court. (Tanya T. Wallace, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Defendants were properly enjoined from using plaintiffs’ easement appurtenant in a driveway since the defendants’ property was not […]
Criminal Practice – Second-Degree Murder – Malice – Attack on Grandmother
State v. Hunter. (Lawyers Weekly No. 10-07-1234, 17 pp.) (Wanda G. Bryant, J.) Appealed from Union County Superior Court. (W. David Lee, J.) N.C. App. Click here for the full text of the opinion. Holding: The state presented sufficient evidence of malice: Dr. James Sullivan, who performed an autopsy on the body of the victim, […]
Civil Practice – Rule 11 – Sanctions – Homeowners’ Association – Notice
Vintage Condominiums Association, Inc. v. Richardson. (Lawyers Weekly No. 10-16-1196, 14 pp.) (Martha A. Geer, J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err when it denied the defendants’ motion for Rule 11 sanctions […]
Discovery waives mandatory arbitration clause, court holds
A nursing home waived its right to compel arbitration after it used interrogatories to seek information from the plaintiff in a negligence suit, the Court of Appeals has ruled in an unpublished decision. "If you send discovery that is not necessarily going to be available in arbitration, you cannot then turn around and seek to compel arbitration," said the plaintiff's lawyer, Sam McGee (pictured).[...]
Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right
Rodrigues v. Southern Assisted Living, Inc. By making use of judicial discovery procedures, the defendants waived their right to compel arbitration; therefore, the trial court did not err when it denied their motion to stay proceedings and compel arbitration.
Contract – General Contractor – Claim of Lien – Order of Attachment – Control Analysis – G.S. § 87-10
Signature Development, LLC v. Sandler Commercial at Union, LLC. Since the plaintiff did not exercise the requisite control over a development project to be considered the general contractor, the trial court erred in dismissing the plaintiff's complaint under Rule 12(b)(6) based on the plaintiff's failure to obtain a general contractor's license. The trial court did not err by dismissing t[...]
Arbitration – Waiver – Motion to Compel – Interlocutory Appeal – Substantial Right
Rodrigues v. Southern Assisted Living, Inc. (Lawyers Weekly No. 10-16-0970, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: By making use of judicial discovery procedures, the defendants waived their right to compel arbitration; […]
Civil Practice – Requests for Admission – Service – Summary Judgment – Sanctions
Faulkerson v Allen. The defendant properly served his answer, request for admissions and counterclaims upon the plaintiffs by sending them in the mail to plaintiffs' last known address. Given the plaintiffs' failure to respond to the requests for admission and counterclaims, the trial court did not err by granting summary judgment in favor of the defendant. Since none of the contentions t[...]
Domestic Relations – Child-Support Guidelines – Retirement Benefits – Medicare & Social Security Benefits – First Impression
Caskey v. Caskey. Contributions made by an employer to an employee's retirement accounts, including any 401(k) accounts, and insurance premiums may not be included as income for the purposes of the employee's child-support obligations unless a trial court, after making the relevant findings, determines that the employer's contributions immediately support the employee in a way that is aki[...]
Passenger settles denied-liability wreck claim for $400,000
Plaintiff was a 17-year-old high school student riding as a passenger with a fellow student on the way home from school. The plaintiff was injured when her friend pulled from a stop sign into the path of an oncoming logging truck. The driver of plaintiff’s vehicle was fatally injured in the collision, and the plaintiff […]
Municipal – Zoning – Undefined Use – Shooting Range – Grandfathered – Alteration – Value
Land v. Village of Wesley Chapel. (Lawyers Weekly No. 10-07-0745, 21 pp.) (Robert N. Hunter Jr., J.) (Cheri Beasley, J.) Appealed from Union County Superior Court. (W. Erwin Spainhour, J.) N.C. App. Holding: A private shooting range, installed by the plaintiff-landowner in 1991 and used only by him and his family, was not barred by […]
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- Hunter Biden pleads not guilty to gun charges
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- Police chief who led newspaper raid resigns
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- Supreme Court opens new term today
- Judge blocks 2 provisions in NC abortion law
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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
