Justia Civil Procedure Opinion Summaries

A young child, Alice, made several allegations of sexual misconduct against her father over the course of multiple years, beginning in 2021. These allegations were investigated on several occasions by county departments of social services, but none found substantiating evidence, and some investigators suspected that Alice’s mother coached her to fabricate accusations. The parents, who never married, were engaged in an ongoing custody dispute. The Carteret County District Court ultimately awarded primary custody to Alice’s father, finding the mother’s denials of visitation willful and her testimony untruthful. Additional reports of abuse were made thereafter, including by Alice’s school counselor and a therapist. These led to further investigations and court actions, but again no evidence of abuse was substantiated.The District Court in Carteret County dismissed a subsequent juvenile petition alleging abuse, neglect, and dependency, relying on the doctrines of res judicata and collateral estoppel, finding the issues had already been litigated. The Court of Appeals vacated this order, holding that collateral estoppel precluded relitigation of the previously adjudicated abuse allegations but not new allegations arising after the prior custody and interference proceedings. The appellate court remanded for further proceedings on the new allegations.The Supreme Court of North Carolina reviewed the case to clarify the application of collateral estoppel. The Supreme Court held that collateral estoppel did not bar the Department of Social Services’ juvenile petition because the Department was neither a party nor in privity with a party to the prior child custody or interference proceedings. Additionally, the prior court findings did not “actually determine” the relevant abuse issues for collateral estoppel purposes. The Supreme Court reversed the decision of the Court of Appeals and remanded for further proceedings, also noting the Department’s conflict of interest in this matter. View "In re A.D.H" on Justia Law

The plaintiff owned a large tract of land in Cumberland County, North Carolina. In 1992 and 2006, the North Carolina Department of Transportation (NCDOT) filed official corridor maps under the Map Act, which imposed restrictions on portions of the plaintiff’s property, limiting development and affecting value. In 2002 and 2010, NCDOT initiated two direct condemnation actions to acquire parts of the plaintiff’s land—some of which overlapped with the previously restricted areas—resulting in two settlements and consent judgments. After the 2010 settlement, 28.041 acres of the plaintiff’s property remained subject to Map Act restrictions until the maps were repealed in 2016.Following the repeal and a 2016 North Carolina Supreme Court decision in Kirby v. North Carolina Department of Transportation, which held that Map Act restrictions constituted a taking, the plaintiff filed an inverse condemnation action in Cumberland County Superior Court in 2018. The plaintiff sought compensation specifically for the Map Act restrictions not addressed in prior settlements. The Superior Court dismissed some claims but allowed the action to proceed for the remaining 28.041 acres. The North Carolina Court of Appeals affirmed, holding that the plaintiff’s claims regarding the Map Act restrictions were not barred and could proceed as an independent interest not covered by the earlier condemnation actions.The Supreme Court of North Carolina reversed the Court of Appeals. It held that, under North Carolina’s eminent domain statutes, the plaintiff was required to raise claims related to the Map Act restrictions as part of the answer in NCDOT’s 2010 direct condemnation action, since those restrictions were pertinent to determining just compensation for the partial taking. Because the plaintiff failed to do so, he could not pursue a separate inverse condemnation claim for those restrictions under N.C.G.S. § 136-111. The Court’s disposition was to reverse the judgment of the Court of Appeals. View "Sanders v. N.C. Dep't of Transp" on Justia Law

Plaintiff and defendant were business associates who sought to purchase three restaurants known as Jib Jab. Plaintiff, with a background in investing, initiated negotiations and sought a partner with restaurant experience, leading to an oral agreement with defendant. Plaintiff was to handle acquisition terms and financing, while defendant would manage operations. No written partnership agreement was executed. Both parties made several unsuccessful attempts to secure financing, including SBA loans, but neither was willing to personally guarantee the loan, and plaintiff refused to pay off defendant’s unrelated SBA debts. Eventually, defendant proceeded alone, secured financing, and purchased Jib Jab through an entity he formed, without plaintiff’s involvement.Plaintiff filed suit in the Superior Court, Mecklenburg County, alleging the formation of a common law partnership and asserting direct and derivative claims against defendant and the purchasing entity, including breach of partnership agreement, breach of fiduciary duty, tortious interference, misappropriation of business opportunity, and requests for judicial dissolution and accounting. Defendants moved for partial judgment on the pleadings, resulting in dismissal of all derivative claims, certain direct claims, and claims for constructive trust. The remaining claims were plaintiff’s direct claims for breach of partnership agreement, breach of fiduciary duty, tortious interference, and claims for judicial dissolution and accounting.On appeal, the Supreme Court of North Carolina reviewed the Business Court’s orders. The Supreme Court affirmed the dismissal of derivative claims, holding that North Carolina law does not permit derivative actions by a general partner on behalf of a general partnership. The Court also affirmed the dismissal of conclusory tortious interference claims and upheld the Business Court’s decision to strike portions of plaintiff’s affidavit and disregard an unsworn expert report. Finally, the Supreme Court modified and affirmed summary judgment for defendants, holding that no partnership existed due to lack of agreement on material terms, and that plaintiff failed to show he could have completed the purchase but for defendant’s actions. View "Cutter v. Vojnovic" on Justia Law

Plaintiff Vanguard Pai Lung, LLC, a manufacturer and distributor of high-speed circular knitting machines, sued its former president and CEO, William Moody, and his associated entities, Nova Trading USA, Inc., and Nova Wingate Holdings, LLC. The lawsuit stemmed from an investigation by Pai Lung Machinery Mill Co. Ltd., which owns a majority interest in Vanguard Pai Lung, revealing alleged fraud and embezzlement by Moody. Plaintiffs brought sixteen claims, including fraud, conversion, embezzlement, unfair and deceptive trade practices, and unjust enrichment. Defendants counterclaimed with twelve claims primarily based on alleged breaches of contract.The Superior Court of Mecklenburg County, designated as a mandatory complex business case, heard the case. After a jury found in favor of the plaintiffs on several claims, including fraud and conversion, defendants filed post-trial motions, including a motion for judgment notwithstanding the verdict (JNOV). The business court ruled that several issues raised in the JNOV motion were not preserved because they were not included in the directed verdict motion. The court also denied defendants' other post-trial motions on the merits.The Supreme Court of North Carolina reviewed the case. The court affirmed the business court's decision, endorsing the rule that to preserve an issue for a JNOV motion under Rule 50(b), the movant must have timely moved for a directed verdict on that same issue. The court agreed that the business court correctly determined that several of defendants' arguments were not preserved and properly rejected the remaining post-trial arguments on the merits. The Supreme Court affirmed the judgment and post-trial orders of the business court. View "Vanguard Pai Lung, LLC v. Moody" on Justia Law

The case involves the dissolution of a marriage between Carol Sperry Smith and Dale Preston Smith. The key issue is the classification of a tract of land located at 4080 Racetrack Road in Grifton, North Carolina. Dale Preston Smith purchased this property before the marriage. The parties signed stipulations in January 2019, designating the property as marital property. However, Dale later filed a motion to set aside these stipulations, claiming the property was his separate property.In the District Court of Pitt County, the trial court approved a pretrial order that listed Racetrack Road as a disputed property, with Carol claiming it was a mixed asset and Dale asserting it was his separate property. The trial court classified the property as Dale's separate property and distributed it to him. Carol appealed, arguing that the stipulations were binding since the trial court never ruled on Dale's motion to set them aside.The Court of Appeals, in a divided decision, affirmed the trial court's order. The majority held that the pretrial order showed the parties did not agree that Racetrack Road was marital property. The dissenting judge argued that the trial court's failure to rule on the motion to set aside the stipulations meant the stipulations remained binding.The Supreme Court of North Carolina reviewed the case. The court held that Carol invited any error by agreeing to proceed with the equitable distribution hearing without a direct ruling on the motion to set aside the stipulations. Therefore, she could not use this as a basis for a new hearing. The court affirmed the decision of the Court of Appeals, though it did not adopt its reasoning. The invited error doctrine barred Carol from obtaining a new equitable distribution hearing. View "Smith v. Smith" on Justia Law

A fourteen-year-old boy, Tanner Smith, was vaccinated against COVID-19 at his school clinic without his or his mother Emily Happel's consent. The school clinic, operated in partnership with Old North State Medical Society (ONSMS), administered the vaccine despite lacking the required parental consent. Plaintiffs, Smith and Happel, sued the Guilford County Board of Education and ONSMS for battery and violations of their state constitutional rights.The Superior Court of Guilford County dismissed the case, agreeing with the defendants that the federal Public Readiness and Emergency Preparedness (PREP) Act preempted the plaintiffs' state law claims, granting them immunity. The Court of Appeals affirmed this decision, holding that the PREP Act's broad immunity shielded the defendants from liability for all of the plaintiffs' claims.The Supreme Court of North Carolina reviewed the case and held that the PREP Act's immunity only covers tort injuries and does not bar state constitutional claims. The court concluded that the PREP Act does not preempt claims brought under the state constitution, specifically those related to the right to control a child's upbringing and the right to bodily integrity. The court affirmed the dismissal of the battery claim but reversed the dismissal of the state constitutional claims and remanded the case for further proceedings. View "Happel v. Guilford Cnty. Bd. of Education" on Justia Law

Gregory Cohane filed a lawsuit against The Home Missioners of America, the Roman Catholic Diocese of Charlotte, and Al Behm, alleging child sexual abuse by Behm and negligence by the other defendants. Cohane claimed that Behm, a clergyman employed by Glenmary and supervised by the Diocese, groomed and sexually abused him over several years, starting when he was nine years old. Behm's abuse continued even after he was transferred to different locations due to other allegations of misconduct. Cohane's lawsuit was filed in 2021, invoking the revival provision of the SAFE Child Act, which allows previously time-barred claims of child sexual abuse to be brought within a specific two-year window.The Superior Court of Mecklenburg County dismissed Cohane's claims against Glenmary and the Diocese, ruling that the revival provision only applied to direct abusers, not to institutions that enabled the abuse. Cohane appealed, and the Court of Appeals reversed the trial court's decision, holding that the plain language of the revival provision was broad enough to include claims against both direct abusers and enablers.The Supreme Court of North Carolina reviewed the case and affirmed the Court of Appeals' decision. The court held that the revival provision of the SAFE Child Act, which revives any civil action for child sexual abuse otherwise time-barred under N.C.G.S. § 1-52, applies to claims against both direct abusers and those who enabled the abuse. The court emphasized that the plain language of the statute did not distinguish between different types of defendants and that traditional tort principles allow for recovery from both direct tortfeasors and those who contributed to the harm. Thus, Cohane's claims against Glenmary and the Diocese were revived under the SAFE Child Act. View "Cohane v. The Home Missioners of America" on Justia Law

In 2011, plaintiffs sued the Roman Catholic Diocese of Charlotte, alleging sexual abuse by priests in the 1970s and 1980s. The trial court granted summary judgment for the Diocese, finding the claims time-barred by the statute of limitations. One plaintiff appealed and lost, while the other did not appeal. Both judgments became final a decade ago.In 2019, the General Assembly passed the SAFE Child Act, which revived previously time-barred claims for child sexual abuse. In 2020, plaintiffs filed new lawsuits asserting the same claims dismissed in the earlier judgments, arguing that the SAFE Child Act allowed them to do so. The trial court dismissed these new lawsuits with prejudice, citing the res judicata effect of the earlier judgments. The Court of Appeals affirmed, holding that the new lawsuits were barred by res judicata because final judgments had already been entered on the same claims.The Supreme Court of North Carolina reviewed the case and affirmed the Court of Appeals' decisions. The court held that the General Assembly does not have the power to set aside a final judgment of the judicial branch. The court emphasized that under the North Carolina Constitution, the judicial power belongs exclusively to the judicial branch, and the legislature cannot annul a judgment or decree of a court. The court concluded that the SAFE Child Act, like any other legislative act, cannot overturn a final judgment entered by the judicial branch. View "Doe v. Roman Cath. Diocese" on Justia Law

Three former students of East Gaston High School, who were members of the wrestling team, filed a lawsuit against their coach, Gary Scott Goins, and the Gaston County Board of Education. They alleged that Goins subjected them to sexual abuse, physical violence, and psychological harm during the mid-1990s and early 2000s. Goins was criminally convicted in 2014 and sentenced to over thirty-four years in prison. The plaintiffs sought civil damages from the Board of Education, claiming it knew or should have known about the abuse. The claims were initially time-barred under the three-year statute of limitations, which began running on the victims' eighteenth birthdays.The Superior Court of Wake County, in a divided decision, declared the revival provision of the SAFE Child Act, which allowed previously time-barred claims to be filed during a two-year window, unconstitutional. The court held that the expiration of the statute of limitations created a vested right for the defendants, which the legislature could not retroactively alter.The North Carolina Court of Appeals reversed the lower court's decision, holding that the revival of the statute of limitations did not interfere with vested rights. The court reasoned that statutes of limitations are procedural and do not create property rights. Therefore, the legislature could retroactively alter them without violating the constitution.The Supreme Court of North Carolina affirmed the Court of Appeals' decision, holding that the running of a statute of limitations in a tort claim does not create a constitutionally protected vested right. The court emphasized that statutes of limitations are procedural and affect only the remedy, not the underlying right. The court concluded that the General Assembly has the authority to retroactively alter statutes of limitations for tort claims. View "McKinney v. Goins" on Justia Law

In this juvenile proceeding, the Pitt County Department of Social Services (DSS) received several reports in 2021 regarding the respondent mother’s interactions with her children, Amanda, Jade, and Juliet. Incidents included the mother breaking a car window to reach Jade, hitting her with a belt, and leaving her outside in cold weather. DSS filed petitions alleging neglect and dependency for the children. The trial court admitted statements from Jade, who did not testify, and concluded that all three children were neglected and that Jade and Juliet were dependent.The District Court of Pitt County entered an order based on these findings. On appeal, the North Carolina Court of Appeals determined that many of the trial court’s findings were based on inadmissible hearsay and reversed the trial court’s order, remanding the case with instructions to dismiss the juvenile petitions. The Court of Appeals held that the remaining findings were insufficient to support the trial court’s conclusions of neglect and dependency.The Supreme Court of North Carolina reviewed the case and found that the Court of Appeals did not adequately examine whether the remaining findings supported the trial court’s conclusions or whether the record contained sufficient evidence to support necessary findings. The Supreme Court determined that while some findings were unsupported, the record contained clear, cogent, and convincing evidence that could support the necessary findings for neglect and dependency adjudications. Therefore, the Supreme Court reversed the decision of the Court of Appeals and remanded the case with instructions to vacate the trial court’s order and remand for further proceedings, allowing the trial court to enter a new order based on the existing record or conduct further proceedings as necessary. View "In re A.J., J.C., J.C" on Justia Law