Developers Surety & Indemnity Co. v. City of Durham (Lawyers Weekly No. 14-03-0928, 28 pp.) (L. Patrick Auld, USMJ) 1:11-cv-00515; M.D.N.C. Holding: Even though two developers went bankrupt and failed to complete the subdivisions they were developing, the plaintiff-sureties’ “street ...Read More »
Contract-Third-Party Beneficiary – Joint Venture – Corporate – Attorneys – Unfair Trade Practices Claim – Real Property
Mountain Land Properties, Inc. v. Lovell (Lawyers Weekly No. 14-04-0915, 16 pp.) (Martin Reidinger, J.) 2:12-cv-00084; W.D.N.C. Holding: Although the individual plaintiff argues that she was intended to be a third-party beneficiary of any agreements to develop a certain parcel ...Read More »
Contract-Covenant Not to Compete – Hair Salon Sale – Restrained Activity – Customers – Geographic Scope
Cut N Up Hair Salon of Carolina Beach, LLC v. Bennett (Lawyers Weekly No. 14-16-0902, 22 pp.) (Linda Stephens, J.) Appealed from New Hanover County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Unpub. Holding: Defendant’s sale of a ...Read More »
Hyatt v. Mini Storage on the Green (Lawyers Weekly No. 14-07-0883, 16 pp.) (Sam Ervin IV, J.) Appealed from Pender County Superior Court (W. Allen Cobb Jr., J.) N.C. App. Holding: Plaintiff’s rental agreement with the defendant-storage facility contained a ...
Tagged with: storage facility is not liableRead More »
College Road Animal Hospital, PLLC v. Cottrell (Lawyers Weekly No. 14-07-0881, 23 pp.) (Sam Ervin IV, J.) Appealed from New Hanover County Superior Court (Paul Jones, J.) N.C. App. Holding: Although both the plaintiff-veterinarian and the defendant-veterinarian signed the promissory ...
Tagged with: judgment for plaintiffsRead More »
Advanced Internet Technologies, Inc. v. McGarrity (Lawyers Weekly No. 14-02-0879, 6 pp.) (James Dever III, Ch. J.) 5:13-cv-00638; E.D.N.C. Holding: Since the parties’ contract does not specify on its face that the defendant-company is a limited liability company rather than ...Read More »
Century Fire Protection, LLC v. Curtis Neal Mauser Heirs (Lawyers Weekly No. 14-16-0860, 9 pp.) (Mark Davis, J.) Appealed from Catawba County Superior Court (Timothy Kincaid, J.) On petition for rehearing. N.C. App. Unpub. Holding: Where the plaintiff-contractor based its ...Read More »
In re New Bern Riverfront Development, LLC (Weaver Cooke Construction, LLC v. J. Davis Architects, PLLC) (Lawyers Weekly No. 14-05-0838, 25 pp. (Stephani Humrickhouse, J.) 10-00023-8; E.B.N.C. Holding: The indemnity provision in the contract between the third-party plaintiff-general contractor and ...Read More »
Packers Printing & Publishing Co. v. Anajet, LLC (Lawyers Weekly No. 14-16-0827, 10 pp.) (Wanda Bryant, J.) Appealed from Columbus County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: The forum selection clause in the parties’ contract – “In ...Read More »
RL Regi North Carolina, LLC v. Lighthouse Cove, LLC (Lawyers Weekly No. 14-06-0815, 8 pp.) (Paul Newby, J.) Appealed from New Hanover County Superior Court (Jay Hockenbury) On discretionary review from the Court of Appeals. N.C. S. Ct. Holding: Regardless ...Read More »