ERIE INSURANCE V. BUILDERS MUTUAL INSURANCE

John M. KirbyJune 19, 2015 ERIE INSURANCE V. BUILDERS MUTUAL INSURANCE In Erie Insurance v. Builders Mutual Insurance, the Court of Appeals (on May 21, 2013) held that a liability insurer which covered the builder on the date of the failure...

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NORTH CAROLINA FARM BUREAU V. SMITH

John M. Kirby August 7, 2015 NORTH CAROLINA FARM BUREAU V. SMITH In NC Farm Bureau v. Smith, the Court of Appeals (on May 21, 2013) held that where the victims of an automobile accident signed an agreement with the tortfeasor (and his...

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WHITE V. COCHRAN | WAIVER OF GOVERNMENTAL IMMUNITY

John M. KirbyAugust 19, 2015 WHITE V. COCHRAN | WAIVER OF GOVERNMENTAL IMMUNITY In White v. Cochran,the plaintiff sued the defendant (Sheriff) alleging wrongful termination, on the basis that the was fired for her filing a workers...

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EDGERTON V. OLIVER | JUDGMENT ENFORCEABLE BY CONTEMPT

John M. KirbyMarch 13, 2018 EDGERTON V. OLIVER | JUDGMENT ENFORCEABLE BY CONTEMPT In Edgerton v. Oliver, an unpublished opinion from August 20, 2013, the Court of Appeals apparently allowed a plaintiff to obtain a judgment (arising from...

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DAMAGES LAW IN NORTH CAROLINA

John M. KirbyMay 2, 2018 DAMAGES LAW IN NORTH CAROLINA The issue of “damages” in North Carolina raises numerous complicated issues. The damages that are recoverable in a given action depend on several factors. One critical factor is to...

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JERNIGAN V. TART; LAST CLEAR CHANCE

John M. Kirby August 3, 2018 JERNIGAN V. TART; LAST CLEAR CHANCE In Jernigan v. Tart the Court of Appeals (on 3/18/2014; unpublished) held that the trial court erred in not submitting an instruction to the jury on last clear chance....

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BUMPERS V. COMMUNITY BANK OF VIRGINIA | UNFAIR AND DECEPTIVE ACTS

John M. Kirby August 3, 2018 BUMPERS V. COMMUNITY BANK OF VIRGINIA | UNFAIR AND DECEPTIVE ACTS In Bumpers v. Community Bank of Virginia, a borrower sued a lender for unfair and deceptive practices (under "Chapter 75"). The...

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SKID MARK (LENGTH) CALCULATOR

John M. Kirby June 2, 2018 SKID MARK (LENGTH) CALCULATOR In many automobile accidents, it is important to determine who was at “fault,” or who was “negligent,” in causing the accident. It is also sometimes important to...

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INTEGON V. VILLAFRANCO| PERMISSIVE USER | MATERIAL MISREPRESENTATION

John M. Kirby August 3, 2018 INTEGON V. VILLAFRANCO| PERMISSIVE USER | MATERIAL MISREPRESENTATION In Integon Nat'l Ins. Co. v. Villafranco, a 14-year-old drove his mother's car and overturned it, causing injury to passengers. The...

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BITCOIN AND LAWYERS IN NORTH CAROLINA

Kirby July 3, 2019 BITCOIN AND LAWYERS IN NORTH CAROLINA Bitcoin and other forms of "cryptocurrency" are a global phenomenon.  Bitcoin is an electronic currency that is not controlled by any particular country, nor any central...

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SOVEREIGN OR GOVERNMENTAL IMMUNITY IN NORTH CAROLINA

John KirbyJune 9, 2019 SOVEREIGN OR GOVERNMENTAL IMMUNITY IN NORTH CAROLINA North Carolina recognizes the common law doctrine of sovereign immunity. Generally speaking, this prevents hey person from suit a city or town or county for negligence. It...

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ENFORCEABILITY OF SETTLEMENT AGREEMENTS REQUIRING COURT OR AGENCY APPROVAL.

John KirbyJune 9, 2019 ENFORCEABILITY OF SETTLEMENT AGREEMENTS REQUIRING COURT OR AGENCY APPROVAL. The  Court of Appeals ruled that even though the parties had agreed to the terms of a settlement, because those terms were never put into...

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INTERLOCUTORY APPEALS -- EQUITABLE DISTRIBUTION

John KirbyJune 9, 2019 INTERLOCUTORY APPEALS -- EQUITABLE DISTRIBUTION The Court of Appeals has again ruled on February 19, 2019, that an interlocutory appeal must be dismissed. In Bezzek v. Beezzek, the plaintiff filed an action for equitable...

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APPEALS IN NORTH CAROLINA -- INTERLOCUTORY -- RES JUDICATA

John KirbyJune 9, 2019 APPEALS IN NORTH CAROLINA -- INTERLOCUTORY -- RES JUDICATA The Court of Appeals has again addressed the issue of whether an appeal is interlocutory and must be appealed dismissed. As a general matter, the Court of Appeals in...

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INTERLOCUTORY APPEALS -- RES JUDICATA

John KirbyJune 9, 2019 INTERLOCUTORY APPEALS -- RES JUDICATA The Court of Appeals continues to reiterate that a party may not appeal from a ruling in the case before there is a final judgment as to all issues raised in the case. Even where the...

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