AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It…
Becker Williams, F. Supp. 3d , 2016 WL 878492 (W.D. Wash. 2016) Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Husband and wife were divorced in 2006. In 2007, the employer received several telephone calls…
“Objection – Hearsay!” From Perry Mason to Saul Goodman, anyone who’s watched a courtroom drama has heard it said, but what does it really mean? The technical definition of “hearsay” sounds like complicated nonsense to most people: “an out of court statement used to show the truth of the matter…
Shebalin v. Shebalin, 2022-NCCOA-410. Facts: This appeal arose from the appointment of a parenting coordinator. Parenting coordinators are often appointed to child custody cases when the parents absolutely cannot get along. Plaintiff and Defendant had a minor child together who was at the center of their custody dispute. The trial…
Wake Co. obo Williams v. Wiley, 2022-NCCOA-402. Facts: Defendant was ordered to pay child support to Plaintiff in an order from Maryland entered in 2007. For enforcement, the order was to be filed in Wake County. At that time, Defendant was over $42,000 in arrears. Plaintiff filed their notice for…
Recent high-profile trials have been live-streamed with great success. The Depp-Heard defamation trial and Rittenhouse prosecution were widely watched by many across the entire world through new media channels such as YouTube, as well as traditional television broadcasting. Recently, someone asked me if North Carolina would allow cameras into our…
Huffman v. Huffman, 2022 NCCOA 309 – NC: Court of Appeals 2022 In this day of dating apps, social media, and instant gratification, temptations for the unfaithful are everywhere. But so are ways to cover your tracks: it’s easier to get and delete a text message than intercept a letter,…
Mediation is a fantastic alternative method of settling your case and often more satisfying than going to court. It is likely that a few issues stand between settlement and more prolonged litigation. This is where mediation can really shine—it lets you laser focus on the few things you really care…
Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately…
In a previous post, we discussed the basics and legal implications of smart contracts built upon blockchain technologies. These smart contracts are one of the highly touted tools that are set to streamline business. The recent law that formed regulatory sandboxes to promote innovative fintech (financial technology) products portends this…