North Carolina Business Litigation Report

Hemenway v. Hemenway, October 20, 2006 (Diaz)(unpublished)

The attorneys for the parties missed the mediation deadline set by the Court, twice. They ultimately did mediate, and did settle some of the claims in the case. The Court sanctioned them, however, finding that their explanations for missing the deadlines were inadequate and without good cause. The Court noted that North Carolina's Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Actions do not provide for sanctions, but held that it had the inherent power to impose sanctions for wilful failure to comply with the rules of court. The sanction was minimal, $100 per lawyer.

Full Opinion

Trackbacks (0) Links to blogs that reference this article Trackback URL
Comments (0) Read through and enter the discussion with the form at the end
Mack Sperling
Brooks Pierce, LLP
2000 Renaissance Plaza
230 North Elm Street
Greensboro, NC 27401

1600 Wachovia Capitol Center
150 Fayetteville Street
Raleigh, NC 27601