Civil Procedure Cases
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Civil Procedure

North CarolinaBankruptcyCivil ProcedureDebt collection
Supreme Court of North Carolina
Uncategorized

East Bay — Bankruptcy stay tolled judgment-renewal deadline

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The Supreme Court unanimously reversed. G.S. 1-23 excludes from a limitations period the time during which an injunction or statutory prohibition stays commencement of an action, and the Bankruptcy Code’s automatic stay is exactly such a statutory prohibition. The 711-day stay therefore tolled the ten-year deadline, making East Bay’s renewal action timely. The Court also held that 11 U.S.C. § 108(c) recognizes longer suspension periods supplied b

North CarolinaBreach of ContractCivil ProcedureConsumer Protection
Supreme Court of North Carolina
Uncategorized

Turpin — Claims against Charlotte Latin revive under notice pleading rules

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The Supreme Court held that the complaint adequately pleaded claims for breach of contract, fraud, violation of North Carolina’s Unfair and Deceptive Trade Practices Act, and defamation under the state’s notice-pleading standard. It affirmed dismissal of negligent misrepresentation, dismissed review of remaining issues as improvidently allowed, and remanded the revived claims.

North CarolinaCivil ProcedurePersonal Injury & TortProduct Liability
Supreme Court of North Carolina
Uncategorized

Sessoms — Supreme Court resets Rule 30(b)(6) discovery sanctions in vehicle-death suit

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The Supreme Court held that a Rule 30(b)(6) deponent does not have to obtain a protective order before the deposition to preserve objections to noticed topics. It also held that the trial court could not require defendants to create new English-language versions of documents already produced in Japanese. The Court reversed in relevant part, directed that the discovery order be vacated, and remanded for a fresh application of the governing rules.

North CarolinaCivil ProcedureEstate LawFamily Law
Supreme Court of North Carolina
Uncategorized

Face — Revocable trust need not be joined when all settlors are parties to equitable distribution

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The Supreme Court answered a question of first impression and held that the revocable trust did not have to be joined. Because every settlor was already a party, a judgment concerning the trust property effectively bound the trust without impairing another person’s rights. The Court modified and affirmed the Court of Appeals.

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