FOX v. JOHNSON

No. COA15-206.

777 S.E.2d 314 (2015)

William Thomas FOX and Scott Everett Sanders, Plaintiffs, v. Mitchell JOHNSON, Timothy R. Bellamy, Gary W. Hastings, and Martha T. Kelly, in their individual capacities, Defendants.

Court of Appeals of North Carolina.

October 6, 2015.


Attorney(s) appearing for the Case

Morrow Porter Vermitsky Fowler and Taylor PLLC, Winston-Salem, by John C. Vermitsky , for Plaintiffs.

Wilson Helms & Cartledge, LLP, by G. Gray Wilson , Winston-Salem, Stuart H. Russell , and Lorin J. Lapidus , for Defendants.


In this appeal, we consider whether Plaintiffs' malicious prosecution claims under North Carolina law brought in Guilford County Superior Court are barred by the doctrine of collateral estoppel as a result of the dismissal under Federal Rule of Civil Procedure 12(b)(6) of certain federal law claims brought in Plaintiffs' earlier...

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