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Tort/Negligence Car-Wheelchair Collision – JNOV – Conflicting Evidence

Pippens v. May The evidence would support inferences that (1) plaintiff and his wheelchair were obscured from the defendant-driver’s view by bushes and (2) plaintiff moved his wheelchair into the path of defendant’s car. Therefore, the evidence supports the jury’s verdict in defendant’s favor. We reverse the trial court’s grant of plaintiff’s motion for judgment notwithstanding the verdict.

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A game-changing challenge?

In late December, Circuit Court Judge Roger Couch finalized a $327 million verdict against pharmaceutical giant Johnson & Johnson for the way it marketed its antipsychotic drug, Risperdal. On or about the same day, he also gave another drug maker, AstraZeneca Pharmaceutical, the green light to move forward with a challenge to South Carolina’s action against the company for the marketing of its own antipsychotic drug, Seroquel, on the grounds that the state attorney general’s office had compromised its independence in pursuing the case.

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Failure to provide title to plane leads to $8.7 million verdict 

A jury in Buncombe County awarded Venezuelan native Wilson Aponte and his company $8.7 million after finding that Dove Air Inc. and its president breached a contract with Aponte for the purchase of a Cessna jet. The jury awarded Aponte $2,922,353. The damages were trebled because the jury found that Aponte was damaged by the fraud of Dove Air and Joseph W. Duncan, the company’s owner and president. The 2009 deal, negotiated by an intermediary, was for Aponte to pay Dove Air $2.2 million in exchange for a Cessna Citation III. Aponte paid in full, but Dove Air hedged on giving over the plane. When it finally did, the plane came with an unexpected hitch: a $2.3 million lien in favor of Cessna Finance Corporation. That wasn’t part of the deal. The contract provided that the plane would be transferred free of any liens or charges.

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Arbitrators say local Alzheimer’s group can keep assets  

A rift between the national Alzheimer’s Association and its North Carolina chapter has resulted in a favorable arbitration award for Alzheimers North Carolina. A consent order filed in the Wake County Superior Court on June 9 confirmed the arbitration decision. The national organization had sought to recover $1.12 million in fundraising dollars and assets. But a panel of arbitrators decided Alzheimers North Carolina could keep all of its assets. The panel also ordered the national organization to pay $271,322 in arbitration fees and costs, including 50 percent of the local chapter’s attorneys’ fees.

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