Kraus v. Wells Fargo Securities, LLC Plaintiff contends that defendant fraudulently induced him to sign a release by assuring him that it had investigated plaintiff’s allegations and produced a report; however, defendant threatened to fire plaintiff without severance if he asked to see the report. Plaintiff has not alleged that he reasonably relied on defendant’s alleged misrepresentations about the report when he signed a release as part of a severance package.
Klingstubbins Southeast, Inc. v. 301 Hillsborough Street Partners, LLC Letters from an LLC member to its creditor promised to pay the LLC’s debt. Combined with the creditor’s forbearance to sue, the letters allow the creditor’s claim of a guaranty to survive the LLC member’s motion to dismiss.
We reverse the trial court’s grant of defendant Reynolds’ motion to dismiss.
Carter v. TD Ameritrade Holding Corp. Investors whose accounts are transferred without their assent manifested their approval of the transfer by accepting the tax benefits and administrative services provided and by failing to repudiate the accounts.
The investors are also bound by a mandatory arbitration agreement clause, and estopped from trying to enforce the parts of the contract which benefit them, while trying to avoid the parts of the contract they believe will not.
Wye Oak Technology Inc. v. Republic of Iraq In this dispute over a company’s contract with the Iraqi Ministry of Defense to refurbish and dispose of Iraqi military equipment, the district court did not err in denying Iraq’s motion to dismiss on the basis of foreign sovereign immunity, the 4th Circuit says.
Under the Foreign Sovereign Immunities Act, 28 U.S.C. §§ 1602-11, a federal court has subject matter jurisdiction only if that claim falls within one of the FSIA’s exceptions to immunity.
Carolina First Bank v. Stambaugh Even though the plaintiff-bank instituted foreclosure proceedings on defendants’ property, it remained defendants’ responsibility to provide erosion control on the property. No delay by the bank injured defendants; therefore, the equitable doctrine of laches is inapplicable.
The bank’s motion for summary judgment is granted.
Diverse Networks v. Time Warner Entertainment-Advance/Newhouse Partnership Even though neither the complaint nor the answer makes any reference to the parties’ 2002 contract, their briefs discuss at length the terms and application of law to the 2002 contract as if it is the most important point of contention between the parties. The evidence and arguments presented by both parties have placed an unpleaded claim before the court.
Phelps Staffing, LLC v. S.C. Phelps, Inc. The defendant-seller sold the assets of her company to plaintiff. Even though the seller’s husband started competing with plaintiff, the seller did not violate her covenant not to compete with plaintiff when her husband’s new company made her mortgage payments.
Crosland Ardrey Woods, LLC v. Beazer Homes Corp. Where our Court of Appeals held, Where a contract did not expressly limit remedies available to an aggrieved party upon breach of the contract, the trial court did not err in granting injunctive relief. Prospective damages were unascertainable, and the contract expressly allowed for retention of an earnest money deposit by the aggrieved party, discretionary review was improvidently allowed.
Southern Seeding Service, Inc. v. W.C. English, Inc. A construction subcontract’s “no damages for delay” clause does not prohibit the subcontractor from receiving compensation for increased prices under the “equitable adjustment” clause.
We reverse judgment for defendants and remand.
J.T. Russell & Sons, Inc. v. Silver Birch Pond L.L.C. Even using the measure proposed by the plaintiff-contractor - average stone depth - the defendant-developer showed that the contractor failed to abide by the contract requirement that the road be built with a stone depth of eight inches.
However, the sum of all of the developer’s evidence of damages is less than the jury’s damages award; therefore, the contractor is entitled to a new trial on damages.
