Losing The 'Empty Chair' At Trial

It has become common practice in multi-party toxic tort litigation for co-defendants to avoid taking potshots at each other during discovery or at trial. Pursuant to this reasoning, if the defendants point fingers at each other, it will only inure to plaintiff's benefit. Therefore, it may be preferable...

You Can't Force A Defendant To Join In Another Party's Counterclaim

Can you force a party to a lawsuit to join in another party's claim? There's no answer in the North Carolina Rules of Civil Procedure. But Judge Gale provided an answer this week in Nelson v. Alliance Hospitality Mgt., LLC , 2012 NCBC 39. Two Rules were implicated: Rule 18 , which allows for...