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   State Courts - North Carolina - April 18, 2006

  
Knight v. Abbott Labs., NO. COA05-1061, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Noblot v. Timmons, NO. COA05-1165, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: Rent money belonged to owners of leased property. Lawyers who agreed to receive rent payment on behalf of their clients, the owners, were obligated under N.C. R. Prof. Conduct 1.15-2(m) to disburse owners' funds to them on request and to not disclose the disbursement to the tenants. Tenants' suit against the lawyers was properly dismissed.

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Page v. Lexington Ins. Co., NO. COA05-1012, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: Allegations that insurer did not try in good faith to effectuate prompt and fair settlements where liability was reasonably clear stated unfair and deceptive trade practices (UDTP) violation under N.C. Gen. Stat. § 75-1.1. While insureds' claims under other theories were time barred, UDTP claim was governed by four year statute and was timely.

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Perkins v. U.S. Airways, NO. COA05-392, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: Denial of a claimant's application for benefits under N.C. Gen. Stat. §§ 97-29 or 97-30 (2005) was affirmed because the Commission's findings that the claimant could return to full-duty work without restrictions and that she failed to prove that she remained disabled as a result of the compensable injury were supported by the evidence.

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Rosenstadt v. Queens Towers Homeowners' Ass'n, NO. COA05-996, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: An order clarifying the procedure for plaintiffs' review of defendants' financial records did not improperly modify a different judge's earlier order permitting plaintiffs to review the records. Plaintiffs' appeal from the earlier order was untimely under N.C. R. App. 3 because it settled all outstanding claims and was final, not interlocutory.

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Schieler v. Campbell, NO. COA05-797, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Shelby Ins. Co. v. Goodwin, NO. COA05-1043, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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State v. Adams, NO. COA05-791, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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State v. Alexander, NO. COA05-971, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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Overview: Testimony regarding officer's interaction with detective and third individual was non-hearsay under N.C. Gen. Stat. § 8C-1, N.C. R. Evid. 801(c) since it was admitted to show how officer formed reasonable suspicion that defendant was involved in robbery at issue, which in turn justified including defendant's photo in a lineup shown to victim.

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State v. Barnes, NO. COA05-930, COURT OF APPEALS OF NORTH CAROLINA, April 18, 2006, Filed
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