Civil Procedure Cases
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Civil Procedure

North Carolina Court of Appeals
Uncategorized

Piedmont Roofing — Insurance-assignment contract claims survived pleading stage

The divided published panel affirmed dismissal of the tort theories but revived the breach-of-contract and declaratory claims. Anti-assignment provisions were enforceable, yet North Carolina’s notice-pleading rules allowed the contractor to prove facts showing a valid assignment and permitted gaps in the writings to be filled by parol evidence. Discovery could test whether the policy conditions were met; a partial dissent would have affirmed dism

North Carolina Court of Appeals
Uncategorized

Fey — Parenting coordinator could structure international-travel approval

The published panel affirmed. The parenting coordinator acted within statutory authority to help implement the existing custody order and did not alter fundamental custody, visitation, or support rights. Because the protocol supplied specific requirements within the order’s scope rather than modifying custody, no motion or finding of a substantial change in circumstances was required.

North Carolina Court of Appeals
Uncategorized

Enrique — Staffing client was not worker’s special employer

The published panel affirmed partial summary judgment for the worker. The parties’ written arrangement did not establish the implied contract of hire required for special employment, so the Workers’ Compensation Act did not divest the superior court of jurisdiction. The panel dismissed immediate review of contributory-negligence and punitive-damages issues because the sawmill did not establish a substantial right.

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