A divided federal appeals panel has overturned the convictions of three people accused of distributing synthetic drugs because the jury was never asked if the charges were brought in the right locality. A two-judge majority of a panel of the ...

Tagged with: venue

Schwarz v. St. Jude Medical, Inc. (Lawyers Weekly No. 011-233-17, 22 pp.) (Rick Elmore, J.) (John Arrowood, J., concurring) Appealed from Mecklenburg County Superior Court (Carla Archie, J.) N.C. App. Holding: By presenting an employment contract to plaintiff on her ...

Tagged with: venue

Terry v. The Cheesecake Factory Restaurants, Inc. (Lawyers Weekly No. 011-125-17, 9 pp.) (Donna Stroud, J.) Appealed from Durham County Superior Court (Henry Hight Jr., J.) N.C. App. Holding: Even though plaintiffs apparently live in Wake County, the alleged injury ...

Tagged with: venue

Williams v. Woodmen Foundation (Lawyers Weekly No. 011-383-16, 14 pp.) (Wanda Bryant, J.) Appealed from Edgecombe County Superior Court (Milton Fitch Jr., J.) N.C. App. Holding: After plaintiffs’ settlement with and dismissal of other defendants, the only remaining defendants are ...

Tagged with: venue

Aldridge v. Kiger (Lawyers Weekly No. 020-078-16, 8 pp.) (Michael Robinson, J.) 2016 NCBC 83 Holding: Where plaintiff seeks dissolution of a Mecklenburg County corporation, venue in Union County is improper. G.S. § 55-14-31(a). The court grants defendants’ motion to ...

Tagged with: venue

In litigation, like real estate, it’s sometimes all about location, location, location. But the North Carolina Court of Appeals apparently wants to make it clear that it is the parties — not judges — who have the right to object ...

Tagged with: venue

Zetino-Cruz v. Benitez-Zetino (Lawyers Weekly No. 011-285-16, 23 pp.) (Donna Stroud, J.) Appealed from Durham County District Court (Doretta Walker, J.) N.C. App. Holding: Where a grandmother seeks custody and where the parents have not responded, the trial court lacked ...

Tagged with: venue

Talisman Software, Systems & Services, Inc. v. Atkins (Lawyers Weekly No. 020-003-16, 15 pp.) (Gregory McGuire, J.) 2016 NCBC 1 Holding: The defendant-CEO’s employment contract with the plaintiff-employer requires that related lawsuits be brought in England; however, several of the ...

Tagged with: venue

Antiquity, LLC v. ElectriCities of North Carolina, Inc. (Lawyers Weekly No. 15-16-1100, 15 pp.) (Linda Stephens, J.) Appealed from Wilkes County Superior Court (Julia Lynn Gullett, J.) N.C. App. Unpub. Holding: Where the plaintiff-developer alleges that, while working on plaintiff’s ...

Tagged with: venue

Kiker v. Winfield (Lawyers Weekly No. 15-06-0326, 1 p.) (Per Curiam) Appealed from Harnett County Superior Court (James Webb, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: We affirm the decision of the Court of Appeals ...

Tagged with: venue