Litigation

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In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived
Posted on 8 Aug 2012 by Mack Sperling

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe... Read More

Broadly Worded Defense In Company Sale Case Results In Waiver Of Attorney-Client, Work Product Privileges
Posted on 14 Oct 2011 by Mack Sperling

A broadly worded defense in a case challenging the sale of a company resulted in a waiver of the attorney-client and work product privileges last week, in Richardson v. Frontier Spinning Mills, Inc. Richardson claimed that the company had improperly... Read More

North Carolina Business Court Socks Overly Persistent Plaintiff With Attorneys' Fees
Posted on 9 Jul 2012 by Mack Sperling

Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys' fees. That was the result in Judge Gale's Order on [June 12... Read More

North Carolina Business Court Finds Defendant Waived Right To Compel Arbitration After Class Action Certified
Posted on 9 Nov 2012 by Mack Sperling

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another... Read More

Norton Rose Fulbright: CERCLA's Federal Discovery Rule Does Not Preempt State Statutes Of Repose
Posted on 7 Jul 2014 by Norton Rose Fulbright

By Janet L. McQuaid , Michael P. Gaetani , Joshua Snyder , and Jennifer Blair Caplan . . . [T]he United States Supreme Court held in CTS Corp. v. Waldburger 1 that Section 9658 of CERCLA 2 does not preempt state statutes of repose that set a time frame... Read More

High Court Adopts Recommendations On Interstate Waste Agreement
Posted on 1 Jun 2010 by Samantha Drake

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 1 adopted recommendations by a court-appointed special master in litigation brought by four states and an interstate commission challenging North Carolina's alleged breach of a radioactive... Read More

High Court: North Carolina Has No Jurisdiction For Fatal French Bus Crash Case
Posted on 27 Jun 2011 by Christopher Bauer

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court ruled June 27 that a North Carolina court is not the proper venue for a product liability case involving a tire manufactured in Turkey that allegedly caused a fatal bus accident in France that killed... Read More

License Check In North Carolina Violates 4th Amendment Due To Lack Of Suspected Criminal Activity
Posted on 10 Jul 2015 by LexisNexis Legal Newsroom Staff

According to the North Carolina Court of Appeals in State v. Leak, 2015 N.C. App. LEXIS 445 (N.C. Ct. App. June 2, 2015) , an officer violated a defendant’s Fourth Amendment rights when a driver’s license check was conducted without reasonable... Read More

Williams Mullen Alert: North Carolina Medical Malpractice Reforms Favor Long-Term Care Industry
Posted on 23 Sep 2011 by Williams Mullen

By Elizabeth D. Scott & Jonathan R. Bumgarner On July 25, 2011, the North Carolina House voted to override Governor Perdue's veto and approve a broad overhaul of North Carolina's medical malpractice laws. Ratified Senate Bill 33 expands... Read More

North Carolina State Bar Proposes New Formal Ethics Opinion
Posted on 19 Sep 2012 by Mack Sperling

The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO ( 2012 Formal Ethics Opinion 5 ), which deals with the interesting question of the attorney-client privilege of an employee's emails... Read More

Mack Sperling: The 4th Circuit On Recusals And Pro Hac Vice Admissions
Posted on 20 May 2011 by Mack Sperling

We all sometimes say things that we are sorry to have said. Even judges. Those types of statements by a District Court Judge in South Carolina, which the Fourth Circuit called "neither wise nor temperate" were the subject of a recusal motion... Read More

Garlock Sues Law Firms, Alleging Fraud Over Asbestos Claims
Posted on 10 Jan 2014 by Emerson Heffner

CHARLOTTE, N.C. — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies LLC filed four adversary complaints Jan. 9 in a North Carolina federal bankruptcy court against several law firms and attorneys, alleging conspiracy, fraud and violations... Read More

Williams Mullen - Libor Litigation: The Next Big Wave In Financial Crisis Lawsuits?
Posted on 17 Sep 2012 by Williams Mullen

By Camden R. Webb and Robert D. Perrow In June, Barclays Bank agreed to pay $453 million to settle charges that its conduct resulted in manipulation of the Libor interest rate. Although lawsuits involving potential Libor manipulation had been pending... Read More

North Carolina Appellate Court Affirms Teenager’s Cyberbullying Conviction
Posted on 7 Jul 2015 by LexisNexis Legal Newsroom Staff

The Court of Appeals of North Carolina was petitioned to determine whether a high school student had been properly convicted of cyber-bullying a classmate in violation of N.C. Gen. Stat. § 14-458.1 . The court upheld the conviction, finding that... Read More