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Contract — Implied – Real Property – Failed Development Expenses & Reimbursement – Statute of Frauds – LLC (access required)

Cooper v. Cameron (Lawyers Weekly No. 15-16-0417, 13 pp.) (Linda Stephens, J.) Appealed from Carteret County Superior Court (Phyllis Gorham, J.) N.C. App. Unpub. Holding: Where plaintiff, defendant and a third, now-bankrupt, party decided to develop a condominium project in ...

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Contract — Ambiguity – Limitation of Liability Clause – Comma – Unfair Trade Practices – Competing Software (access required)

Medfusion, Inc. v. Allscripts Healthcare Solutions, Inc. (Lawyers Weekly No. 15-15-0394, 22 pp.) (Gregory McGuire, J.) 2015 NCBC 31 Holding: The limitation-of-liability clause in the parties’ contract is ambiguous due to the location of a comma. Defendant’s motion to dismiss ...

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Contract — Distributorship – Bakery & Grocery Stores – Unfair Trade Practices Claim (access required)

Ramsey v. Bimbo Foods Bakeries Distribution, Inc. (Lawyer Weekly No. 15-02-0286, 10 pp.) (W. Earl Britt, S.J.) 5:14-cv-00026; E.D.N.C. Holding: According to the plaintiff-distributor, after he joined a committee to protest defendant’s lowering of distributors’ profit margins, defendant departed from ...

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