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Contract — Charitable Pledge – Scholarship Endowment – Donor’s Death – Incomplete Gift – Trusts & Estates (access required)

East Carolina University Foundation, Inc. v. First Citizens Bank & Trust Co. (Lawyers Weekly No. 14-16-1096, 12 pp.) (Sanford Steelman Jr., J.) Appealed from Forsyth County Superior Court (Robert Johnson, J.) N.C. App. Unpub. Holding: Where the complaint alleged that ...

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Contract — Breach of Warranty Claim – Reliance – Damages – Insufficient Allegations – Semi-automatic Rifle (access required)

Maxwell v. Remington Arms Co. (Lawyers Weekly No. 14-03-1054, 14 pp.) (James Beaty, J.) 1:10-cv-00918; M.D.N.C. Holding: Plaintiff’s allegations – he bought rifles that the defendant-manufacturer later recalled, leaving plaintiff’s rifles worthless – do not state a claim under the ...

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Contract — Non-Solicitation Covenant – Tort/Negligence – Same Facts – Civil Practice – Motion to Amend – Futility (access required)

Superior Performers, Inc. v. Meaike (Lawyers Weekly No. 14-03-1056, 26 pp.) (James Beaty, J.) 1:13-cv-01149; M.D.N.C. Holding: In its proposed amended complaint, plaintiff adds tort claims that arise from the same facts that underlie its contract claims. Allowing the addition ...

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Contract — Attorney’s Fees – ‘Prevailing Party’ – Dismissal Without Prejudice (access required)

Hometown Services, Inc. v. Equitylock Solutions, Inc. (Lawyers Weekly No. 14-04-1004, 9 pp.) (Martin Reidinger, J.) 1:13-cv-00304; W.D.N.C. Holding: The court dismissed this action without prejudice due to plaintiff’s failure to submit the dispute to mediation before commencing suit; consequently, ...

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Contract-Third-Party Beneficiary – Joint Venture – Corporate – Attorneys – Unfair Trade Practices Claim – Real Property (access required)

 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 ...

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Contract-Covenant Not to Compete – Hair Salon Sale – Restrained Activity – Customers – Geographic Scope (access required)

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 ...

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