Resource Links

• The N.C. Supreme Court held that a liability insurance company had no duty to defend its insured in a trademark infringement action where the claims asserted were not covered by the CGL policy because the claims that the insured misrepresented … Continue reading →
• Unfair and deceptive dealings among business partners are not deemed as having occurred “in commerce” and hence they do not give rise to a claim between such partners under the Unfair and Deceptive Trade Practices Act.  White v. Thompson, No. … Continue reading →
• Appeal to the Court of Appeals was dismissed because the appellant failed to serve parties in the case who did not appeal. Lee v. Winget Road, LLC, No. COA09-828 (N.C. App. May 18, 2010).  Click here for a copy of … Continue reading →
• Where a county’s liability insurance policy excluded coverage of any claim that would be barred by governmental immunity, that county has not waived the governmental immunity defense even though it had purchased the liability insurance policy. Estate of Early v. … Continue reading →
• An employer is not liable for an injury caused by an off-duty employee even though the negligent act of the employee and the resulting injury occurred on the employer’s premises.  Matthews v. Food Lion, LLC, No. COA10-73 (N.C. App. July … Continue reading →
• The appellate court reiterated the established principle that a plaintiff who brings a personal injury action alleging that he sustained and will continue to suffer physical and mental/emotional pain has impliedly waived his physician-patient privilege.  Lowd v. Reynolds, No. COA09-505 … Continue reading →
• The trial court properly ordered that one of two contested wills be deemed the valid and enforceable one without a trial as a sanction for one of the party’s failure to comply with a court order to respond to written … Continue reading →
• A claim involving an alleged invalid warrant was properly dismissed for failure to state a claim pursuant to Rule 12(b)(6) where the Complaint set for merely the conclusory allegation that the warrant was insufficient, and there were no allegations explaining … Continue reading →

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