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Proving Consent Was Not Informed Is Not So Easy For Medical Malpractice Plaintiffs

Last week, the Court of Appeals reinforced the importance of the statutory presumption that a doctor has obtained valid informed consent. The Hauser v. Brookview Women’s Center court affirmed the trial court’s instruction on...more

Dealing With Defaults: Options And Solutions For Commercial Landlords During The Pandemic

Commercial landlords will likely continue to see tenants struggling to pay rent as a wide range of industries copes with the ongoing effects of the pandemic. To protect themselves and their long-term financial stability,...more

North Carolina Limits Commercial And Residential Evictions And Other Lease Remedies

North Carolina Gov. Roy Cooper issued an Executive Order on May 30, 2020, that places temporary restrictions on residential and commercial evictions for monetary defaults related to COVID-19 and extends the prohibition on...more

Court Rejects Form Over Substance Review Of Pleadings

On Tuesday, the Court of Appeals reversed a trial court’s dismissal of a plaintiff’s complaint seeking entry of a domestic violence protective order against her husband. In Quackenbush v. Groat, the trial court dismissed the...more

NC Enacts Liability Protections For Health Care Providers Responding To Pandemic

North Carolina health care providers coping with the ongoing COVID-19 pandemic received significant liability protections as part of new state law enacted Monday, May 4. Section 3D.7, of NC Session Law 2020-3 titled...more

Appellate Courts Have Discretion To Set Scope Of New Trial On Remand—At Least Sometimes

Rule 59 is a powerful tool. A trial court has discretion to determine whether any one of the nine grounds in Rule 59(a) applies. The trial court then has discretion to select a remedy—a new trial in whole or in part....more

1/7/2019  /  Appeals , Damages , Negligence , Remand
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