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Labor & Employment-Contract – Sales Bonus – Employer’s Discretion – Unjust Enrichment Claim (access required)

McCabe v. Abbott Laboratories, Inc. (Lawyers Weekly No. 14-02-0920, 15 pp.) (James Dever III, Ch. J.) 5:13-cv-00125; E.D.N.C. Holding: Since the defendant-employer’s bonus criteria documents give the employer complete discretion as to whether to pay any bonus, there was no ...

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Schools & School Boards-Civil Rights – Sexual Harassment – Labor & Employment – Teacher’s Advocacy – Class Size (access required)

J.W. v. Johnston County Board of Education (Lawyers Weekly No. 14-02-0919, 23 pp.) (James Dever III, Ch. J.) 5:11-cv-00707; E.D.N.C. Holding: As soon as the defendant-principal became aware of an alleged assault by a non-special needs student on the plaintiff-special ...

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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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Labor & Employment-Civil Rights – Religion – Accommodation – Disparate Treatment & Hostile Environment Claims (access required)

Westbrook v. North Carolina A&T State University (Lawyers Weekly No. 14-03-0914, 23 pp.) (James Beaty, J.) 1:12-cv-00540; M.D.N.C. Holding: Once the defendant-university decided to enforce its requirement that its police officers carry weapons, defendant might have been able to accommodate ...

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Civil Practice-Statute of Limitations – Administrative – Environmental – Law of the Case (access required)

United States v. Duke Energy Corp. (Lawyers Weekly No. 14-03-0913, 20 pp.) (William Osteen Jr., J.) 1:00-cv-01262; M.D.N.C. Holding: This court previously ruled that, when defendant allegedly failed to obtain a pre-construction permit before modifying its coal-fired power plants, defendant ...

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Banks & Banking-Tort/Negligence – Unwise Loans – Business Judgment Rule – Hindsight (access required)

Federal Deposit Insurance Corp. v. Willetts (Lawyers Weekly No. 14-02-0912, 13 pp.) (Terrence Boyle, J.) 7:11-cv-000165; E.D.N.C. Holding: In this case there is no evidence that the defendant-bank officers and directors engaged in self-dealing or other unconscionable conduct; furthermore, plaintiff ...

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Insurance-CGL – Cancellation – Premium Payment – Mailing & Receipt of Check – Civil Practice – Summary Judgment – Fiduciary Duty (access required)

Country Cafaye, Inc. v. Travelers Casualty Insurance Co. of America (Lawyers Weekly No. 14-16-0901, 17 pp.) (Linda Stephens, J.) Appealed from Stokes County Superior Court (Edgar Gregory, J.) N.C. App. Unpub. Holding: Even though plaintiffs’ check for plaintiff Country Cafaye’s ...

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