William Plyler | October 22, 2009
The North Carolina Court of Appeals tiptoes around the statute frauds in an opinion filed this week enforcing an oral agreement by a landowner to convey a quitclaim deed. Powell v. City of Newton et al. (No. COA 08-1262, filed October 20, 2009) is a case where the City of Newton hired two contractors to [...]
Category: Court Opinions |
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Tags: judicial estoppel, open court, settlement agreement, statute of frauds
William Plyler | October 15, 2009
Robert McMillan, senior partner in McMillan Smith & Plyler, has practiced law in Raleigh, N.C. for over 50 years. He graciously has allowed me to publish some of his favorite law stories, one of which appears below. Other stories written by Robert McMillan will be posted periodically.
Mr. Breece practiced law in Raleigh (and later in [...]
Category: Off-beat, Robert McMillan |
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Tags: hog farm, legal humor, Robert McMillan, Supreme Court
William Plyler | October 13, 2009
Robert McMillan, senior partner in McMillan Smith & Plyler, has practiced law in Raleigh, N.C. for over 50 years. He graciously has allowed me to publish some of his favorite law stories, one of which appears below. Other stories written by Robert McMillan will be posted periodically.
“Lawyer, Can I Get My Whiskey Back?”
I was once [...]
Category: Off-beat, Robert McMillan |
2 Comments »
Tags: constructive possession, legal humor, whiskey
William Plyler | October 13, 2009
Robert McMillan, senior partner in McMillan Smith & Plyler, has practiced law in Raleigh, N.C. for over 50 years. He graciously has allowed me to publish some of his favorite law stories, one of which appears below. Other stories written by Robert McMillan will be posted periodically.
“Lawyer, Can I Get My Whiskey Back?”
I was once [...]
Category: Off-beat, Robert McMillan |
2 Comments »
Tags: constructive possession, legal humor, whiskey
William Plyler | October 7, 2009
A panel of the North Carolina Court of Appeals, in Everhart v. O’Charley’s Inc. (COA08-1454, filed October 6, 2009), affirmed a $250,000 punitive damage award against a Winston-Salem restaurant whose waiter mistakenly filled a customer’s water glass with Auto-Chlor, a cleaning solution. The customer of O’Charley’s restaurant at Hanes Mall in Winston-Salem swallowed some of [...]
Category: Court Opinions, Negligence, punitive damages |
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Tags: company policy, Negligence, O'Charley's, poisoning, punitive damages
William Plyler | October 5, 2009
Two recent front page articles in the Raleigh News and Observer, “State Pays $3.9 Million For Wrongful Conviction” (October 2, 2009) and “Gell Investigator Ignored Blatant Clues” (October 4, 2009) focus on egregious conduct by SBI agent Dwight Ransome. Ransome failed to disclose exculpatory evidence to Alan Gell’s defense attorneys before Gell’s first capital murder [...]
Category: civil rights |
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Tags: civil rights, Dwight Ransome, fabrication of evidence, Gell, State Tort Claims Act
William Plyler | October 5, 2009
Two recent front page articles in the Raleigh News and Observer, “State Pays $3.9 Million For Wrongful Conviction” (October 2, 2009) and “Gell Investigator Ignored Blatant Clues” (October 4, 2009) focus on egregious conduct by SBI agent Dwight Ransome. Ransome failed to disclose exculpatory evidence to Alan Gell’s defense attorneys before Gell’s first capital murder [...]
Category: civil rights |
No Comments »
Tags: civil rights, Dwight Ransome, fabrication of evidence, Gell, State Tort Claims Act