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Recent Articles from Paul Tharp
LegalZoom says Bar’s delays, not new law, is reason for lawsuit
LegalZoom sued the N.C. State Bar one day before a new law went into effect that allows a new cause of action against unauthorized practitioners. But the company says that was coincidence – not the impetus for the suit. LegalZoom general counsel Chas Rampenthal (pictured) said the new cause of action doesn’t apply to LegalZoom because the company is not engaged in the unauthorized practice [...]
Failure to provide title to plane leads to $8.7 million verdict
A jury in Buncombe County, N.C. awarded Venezuelan native Wilson Aponte and his company $8.7 million after finding that Dove Air Inc. and its president breached a contract with Aponte for the purchase of a Cessna jet. The jury awarded Aponte $2,922,353. The damages were trebled because the jury found that Aponte was damaged by the fraud of Dove Air and Joseph W. Duncan, the company’s owner an[...]
Mother’s attempt at a deed do-over rejected by appeals court
A family battle over a Beaufort, N.C. “home place” (pictured) may have ground to a halt after the N.C. Court of Appeals found that a mother was not mistaken when she signed a deed granting her son an interest in her property. The mother, Janice Willis, sought to reform the deed when her son, Edward Willis, died and the interest in the property passed to his two children. Janice Willis argue[...]
Simple lease dispute requires high court’s attention
A simple commercial lease involving a simple mistake led to a simple disagreement. That led all the way to the S.C. Supreme Court in Atlantic Coast Builders and Contractors v. Lewis, where the high court’s justices disagreed over simple appellate procedural rules that ended the case, for now. In a Sept. 26 opinion, the high court majority, applying the “two issue” and “law of the case�[...]
Columbia economist the go-to guy when money comes up at trial
If you’re a lawyer in South Carolina and you’ve had a case involving economic issues, chances are you’ve already made the acquaintance of Dr. Oliver Wood. It was a good day or bad day, depending on whether he was working with or against you. Wood, who taught banking and finance courses at the University of South Carolina for 29 years, is now the economist-in-residence at the Charleston Sc[...]
Developer’s counterclaim against SunTrust nets $2.1 million
A Winston-Salem, N.C. developer has been awarded $2.1 million by a Forsyth County jury after asserting counterclaims against SunTrust Bank in a lawsuit brought by the bank on a promissory note. Donald H. Sutphin wasn’t any stranger to the construction business and he wasn’t any stranger to SunTrust Bank. Sutphin had been involved in residential construction and development for 30 years and [...]
Spouses must separate before filing for support, high court holds
The S.C. Supreme Court has ruled that spouses must separate and live apart before one can bring a claim for “separate maintenance and support.” In a Sept. 19 opinion, the high court upheld Greenville County Family Court Judge Robert N. Jenkins’ order dismissing Eileen Theisen’s claim for support from Clifford Theisen. Eileen Theisen should have alleged that she was living separate and a[...]
Alcohol monitoring devices poised to spread in wake of new law
Bill Powers is a tech geek. That may set him apart from other lawyers, but he thinks his Bar comrades need more than a passing interest in the evolving technology of alcohol detection to adequately defend their clients in court. Not that continuous alcohol monitoring, or CAM, is anything new. It’s been used sporadically in North Carolina since 2005. What’s new is a recent legislative push t[...]
Attorney’s defamation victory against newspaper upheld
The S.C. Court of Appeals has upheld a Richland County jury’s verdict against the Columbia City Paper and two of its reporters in a defamation case brought by an attorney who was called “two-bit” and “corruptible” in an article. The jury awarded Lexington attorney Rebecca West (pictured) $10,000 in actual damages and $30,000 in punitive damages in the case. The Court of Appeals in a S[...]
Company fails in bid to have default judgment set aside
The S.C. Supreme Court has upheld the rejection of a company’s effort to set aside a judgment because the company failed to present what the court called “a meritorious defense” when it intervened in a case in 2005. The company, New Prime, Inc., intervened in a lawsuit brought by Ann and Steve McClurg against New Prime employee Harrell Wayne Deaton. Deaton was driving New Prime’s truck [...]
Man can proceed with STD claim against neighbor
A Chapel Hill, N.C., man can proceed with an action against his former neighbor for negligently infecting him with a sexually transmitted disease by having an affair with his wife, the North Carolina Court of Appeals has ruled. It is the first time a North Carolina appellate court has recognized a cause of action for the indirect transmission of a venereal disease. Orange County Superior Court [...]
Accused robber awarded $50K for malicious prosecution
What blew Mark Peper’s mind about the position the Charleston County Sheriff’s Office took in the civil case brought against it by Jeffrey Knowles was its contention that Knowles was the man who had robbed a KFC manager of $800 on Sept. 21, 2009 – even though Knowles had proven otherwise. Sheriff’s officials continued to believe Knowles had gotten away with a crime. “It was still thei[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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