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 ...Read More »
Contract — Breach of Warranty Claim – Reliance – Damages – Insufficient Allegations – Semi-automatic Rifle
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 ...Read More »
Contract — Non-Solicitation Covenant – Tort/Negligence – Same Facts – Civil Practice – Motion to Amend – Futility
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 ...Read More »
GlaxoSmithKline LLC v. Dendreon Corp. (Lawyers Weekly No. 14-15-1048, 27 pp.) (James Gale, Ch. J.) 2014 NCBC 53 Holding: Even though defendant cancelled its order before plaintiff actually manufactured the product, since defendant had placed a “firm order” under the ...Read More »
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, ...Read More »
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 »