Unpublished
DLL Fin. LLC v. Warner
Foreign judgment, forum selection clause, motion to dismiss, N.C. Gen. Stat. § 1-339.71, personal jurisdiction, Rule 6(d), Rule 12(b)(6), Rule 60(b), surprise affidavit, unclean hands
Desai v. Desai
Equitable distribution; N.C. Gen. Stat. § 50-20; classification and valuation of property; marital property; separate property; sufficiency of findings of fact and conclusions of law; interim distribution; distributive award.
Batts v. Ideal Image
medical malpractice, ordinary negligence, res ipsa loquitur, clinical judgment, 9(j) Certification, laser hair removal
Arie J. Bird v. EBCI TABCC and NCDOC, DES
misconduct connected with the work; employment benefits; challenged findings of fact; petition for judicial review; motion to dismiss; COVID-19
Court of Appeals Unpublished Opinions Filed July 20, 2021
Van Kampen v. Garcia
professional responsibility; disqualification of counsel based on conflicts of interest between former counsel and counsel associated in practice with former counsel; conflict imputation to lawyers associated in practice; Rules 1.6, 1.9, and 1.10 of the North Carolina Rules of Professional Conduct; no appeal of right exists from the denial of a motion to disqualify opposing counsel; trial court did not err, much less abuse its discretion, in denying motion to disqualify based on imputed conflict between former counsel in the same case who became associated in practice with opposing counsel after representation was terminated
State v. Shook
Waiver of counsel; NCGS 15A-1242
State v. Best
Motion for Mistrial; Juror Misconduct
State v. Moore
First-degree murder; Evidence Rule 702; fingerprint testimony; right to public trial; preserved objections.
State v. Miles
malicious conduct by prisoner; ineffective assistance of counsel; plain error; lay-opinion testimony; motion to sequester witnesses; calculation of prior record level