By North Carolina Lawyers Weekly Staff
Published: June 15,2011
Best Cartage, Inc. v. Stonewall Packaging, LLC Knowing about defendant Stonewall Packaging, LLC's partnership with defendant Jackson Paper Manufacturing Co., plaintiff nevertheless chose to enter into a contract with Stonewall alone. Plaintiff is bound by that choice and has no breach of contract claim against Jackson.
By North Carolina Lawyers Weekly Staff
Published: April 18,2011
Williams Overman Pierce, LLP v. Duncan (Lawyers Weekly No. 11-15-0369, 8 pp.) (James L. Gale, J.) N.C. Bus. Ct. Click here for the full text of the opinion. Holding: Pursuant to the parties’ settlement agreement, after being involuntarily terminated from the plaintiff-partnership, defendant can avoid the parties’ covenant not to compete if he pays the partnership [...]
By North Carolina Lawyers Weekly Staff
Published: October 29,2010
Coremin v. McNamara. (Lawyers Weekly No. 10-15-1038, 13 pp.) (Ben F. Tennille, Ch.J.) N.C. Bus. Ct. Holding: Where the parties’ partnership was at will, either partner could end the partnership, regardless of motive, without breaching the partnership agreement. Hence, plaintiff is not entitled to information about the business’ profits after the partnership ended, nor is he [...]
By dmc-admin
Published: September 14,2009
Leiber v. Arboretum Joint Venture, LLC. (Lawyers Weekly No. 09-15-0847, 34 pp.) (Ben Tennille, J.) N.C. Bus. Ct. Holding: For 15 years, plaintiff’s $445,000 investment in the defendant-investment ventures was handled by Wolfram Count von Spreti, and plaintiff never complained to defendants about this arrangement. Defendants were entitled to treat Spreti as plaintiff’s agent. Summary judgment for [...]
By dmc-admin
Published: May 11,2009
White v. Thompson. (Lawyers Weekly No. 09-07-0431, 22 pp.) (James A. Wynn Jr., J.) (Sam Ervin IV, J., concurring in part and dissenting in part) Appealed from Columbus County Superior Court. (Douglas B. Sasser, J.) N.C. App. Holding: A partner’s internal partnership acts were not in or affecting commerce, meaning that the trial court erred by [...]
By dmc-admin
Published: April 27,2009
Gaskin v. J.S. Proctor Co. (Lawyers Weekly No. 09-07-0369, 16 pp.) (Donna S. Stroud, J.) Appealed from Mecklenburg County Superior Court. (Albert Diaz, J.) N.C. App. Holding: Like a shareholder, before a limited partner can sue his general partners, he must allege a special duty owed to him or a distinct injury suffered by him that [...]
By dmc-admin
Published: December 22,2008
Wiggs v. Peedin. (Lawyers Weekly No. 08-07-1387, 13 pp.) (John M. Tyson, J.) Appealed from Wayne County Superior Court. (Jack W. Jenkins, J.) N.C. App. Holding: A widow continued her husband’s commercial hog farming operation with plaintiffs for five years after her husband’s death. She may be bound by the terms of her husband’s partnership agreement [...]
By dmc-admin
Published: April 2,2007
Even though the plaintiff-liquidator was properly elected by the plaintiff-limited partnerships, since the liquidator plans only to pursue certain of the limited partnerships’ legal claims rather than winding up all of their affairs in this state, the court will exercise its inherent power to appoint a receiver for the limited partnerships. The defendants’ motion to dismiss [...]
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Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.
Satterwhite v. Wal-Mart Stores East, L.P. N.C. courts have not recognized a public policy exception to the at-will employment rule based on a violation of the Family and Medical Leave Act. Plaintiff has failed to state a claim for wrongful discharge in violation of public policy.
Benzing v. Tharrington-Smith, LLP Plaintiff claims that defendants wrongfully obtained a background check on him for use in domestic violence and child custody matters. Plaintiff’s allegations state a claim under the Fair Credit Reporting Act, so this court has federal question jurisdiction.
Pittman v. United States Even though the Federal Tort Claims Act does not waive the government’s sovereign immunity with regard to intentional torts, plaintiff has nevertheless stated a claim by alleging that a National Guard sergeant failed to intervene while a specialist under his command gave alcohol to a 17-year-old recruit and engaged in sexual relations with her.
An “empty chair” alienation of affection case that resulted in a $30 million award tops the list of North Carolina Lawyers Weekly’s annual roundup of the year’s top verdicts and settlements. The 2011 list comprises the 25 of $1.5 million or more that were reported to Lawyers Weekly during the year.
As American Bar Association leaders consider more exacting standards for law schools for reporting post-graduate salary and employment information, a new round of class action suits is ratcheting up the pressure on schools and the ABA to address allegations of fraud and misrepresentation.
North Carolina’s largest law firm grew by three lawyers, one city and an unknown number of Palmetto state political connections last week when Winston-Salem-based Womble Carlyle merged with the boutique firm Hall & Bowers of Columbia.
The American Bar Association in February will be asked to endorse a proposed uniform law aimed at new standards for state government websites that host legal materials. The Uniform Electronic Legal Materials Act (UELMA) is proposed by the Uniform Laws Commission to address a trend, still in its infancy, of shuttering public printers and posting [...]
