Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the
Continue Reading Proving Consent Was Not Informed Is Not So Easy for Medical Malpractice Plaintiffs
On Tuesday, the Court of Appeals reversed a trial court’s dismissal of a plaintiff’s complaint seeking entry of a domestic violence protective order against her husband. In Quackenbush v. Groat
Continue Reading Court Rejects Form Over Substance Review of Pleadings
Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion
Continue Reading Appellate Courts Have Discretion to Set Scope of New Trial on Remand—At Least Sometimes
The Court of Appeals again reminded medical-malpractice litigants this week of the importance of including certain magic words about expert review in the complaint. In Fairfield v. WakeMed et al.
Continue Reading Court of Appeals: Magic Words Still Have Their Place in Med-Mal Actions
Can a motion to change venue for convenience of the witnesses be filed along with an answer? The Court of Appeals said “yes” on Tuesday in a decision that helps
Continue Reading The Labored Process of Determining Venue
Worry not – if the Court of Appeals dismisses your interlocutory appeal, you can likely try again later. In WLAE, LLC v. Edwards, the Court made it clear that
Continue Reading If at First Your Appeal Doesn’t Succeed, You May be Able to Try Again
In State v. Meadows, the Court of Appeals determined that sentencing errors not preserved with a timely request, objections, or motion are waived under Appellate Rule 10(a)(1). In doing
Continue Reading Preserving Sentencing Errors Just Got More Confusing
sheIn a divided opinion Tuesday, the Court of Appeals held that a lease and guaranty are separate contracts, even when the guaranty is incorporated into the lease. See Friday Investments,
Continue Reading Court of Appeals: A Guaranty is a Separate Contract No Matter What the Contracts Say
In an opinion that must have come as a relief to North Carolina accounting firms and the Chamber alike, the North Carolina Supreme Court held that, absent unusual circumstances, an
Continue Reading Independent Auditors Do Not Owe Clients Fiduciary Duties After All
Harkening back to your first year property class, you may recall that North Carolina is a “pure race” state – that is, the first person to record a deed wins
Continue Reading Buyer Beware: Winning the Race to the Courthouse Isn’t Always Enough when the IRS is Involved