http://nclawyersweekly.com Wed, 19 Jun 2013 20:42:08 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2012/01/11/contract-civil-practice-pleadings-amendment-%e2%80%94-cable-installation-price-increase-term-quantum-meruit-unfair-trade-practices-negligent-misrepresentation/ http://nclawyersweekly.com/2012/01/11/contract-civil-practice-pleadings-amendment-%e2%80%94-cable-installation-price-increase-term-quantum-meruit-unfair-trade-practices-negligent-misrepresentation/#comments Wed, 11 Jan 2012 21:58:35 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=59679 Diverse Networks v. Time Warner Entertainment-Advance/Newhouse Partnership Even though neither the complaint nor the answer makes any reference to the parties’ 2002 contract, their briefs discuss at length the terms and application of law to the 2002 contract as if it is the most important point of contention between the parties. The evidence and arguments presented by both parties have placed an unpleaded claim before the court.]]> http://nclawyersweekly.com/2012/01/11/contract-civil-practice-pleadings-amendment-%e2%80%94-cable-installation-price-increase-term-quantum-meruit-unfair-trade-practices-negligent-misrepresentation/feed/ 0 http://nclawyersweekly.com/2011/09/09/insurance-disability-%e2%80%93-%e2%80%98any-employment%e2%80%99-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation/ http://nclawyersweekly.com/2011/09/09/insurance-disability-%e2%80%93-%e2%80%98any-employment%e2%80%99-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation/#comments Fri, 09 Sep 2011 18:41:30 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=57917 Cobb v. Pennsylvania Life Insurance Co. The disability insurance policy provided to the plaintiff-landscaper explained that he would not be considered disabled if he could engage in “any employment”; since plaintiff had a duty to read the policy, he cannot prove that he reasonably relied on any alleged misrepresentation made by the defendant-insurance agent. We affirm summary judgment for defendants.]]> http://nclawyersweekly.com/2011/09/09/insurance-disability-%e2%80%93-%e2%80%98any-employment%e2%80%99-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation/feed/ 0 http://nclawyersweekly.com/2011/08/19/real-property-restrictive-covenants-%e2%80%93-record-notice-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation-%e2%80%94-civil-practice-%e2%80%93-appeals/ http://nclawyersweekly.com/2011/08/19/real-property-restrictive-covenants-%e2%80%93-record-notice-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation-%e2%80%94-civil-practice-%e2%80%93-appeals/#comments Fri, 19 Aug 2011 21:09:09 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=57615 Barfield v. Matos Even though the seller mistakenly told the buyer that the land he was buying was not subject to any restrictions that would prevent him from farming the land, since the restrictive covenants on the land were filed with the Register of Deeds, the buyer’s reliance on the seller’s misrepresentation was not reasonable. We affirm summary judgment for the third-party defendants. We lack jurisdiction to consider the defendant/third-party plaintiff’s arguments related to the trial court’s grant of partial summary judgment for plaintiffs.]]> http://nclawyersweekly.com/2011/08/19/real-property-restrictive-covenants-%e2%80%93-record-notice-%e2%80%93-tortnegligence-%e2%80%93-negligent-misrepresentation-%e2%80%94-civil-practice-%e2%80%93-appeals/feed/ 0 http://nclawyersweekly.com/2011/06/22/tortnegligence-unfair-trade-practices-labor-employment-other-businesses-%e2%80%94-negligent-misrepresentation-justifiable-reliance/ http://nclawyersweekly.com/2011/06/22/tortnegligence-unfair-trade-practices-labor-employment-other-businesses-%e2%80%94-negligent-misrepresentation-justifiable-reliance/#comments Wed, 22 Jun 2011 14:53:38 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=56382 Songwooyarn Trading Co. v. Sox Eleven, Inc. Even though defendant Ahn was plaintiff’s employee, since he interfered in the relationship between separate companies, his actions were “in commerce” within the meaning of G.S. Chapter 75. We affirm a $1,022,041 judgment for plaintiff.]]> http://nclawyersweekly.com/2011/06/22/tortnegligence-unfair-trade-practices-labor-employment-other-businesses-%e2%80%94-negligent-misrepresentation-justifiable-reliance/feed/ 0 http://nclawyersweekly.com/2011/04/13/tortnegligence-fraud-negligent-misrepresentation-unfair-trade-practices-real-property-purchase/ http://nclawyersweekly.com/2011/04/13/tortnegligence-fraud-negligent-misrepresentation-unfair-trade-practices-real-property-purchase/#comments Wed, 13 Apr 2011 13:11:11 +0000 Greg Froom http://nclawyersweekly.com/?p=55216 Mauro v. Mooney. Even though the plaintiff-buyers contend the defendant-seller committed fraud and negligent misrepresentation as to the age of the house, renovations, structural deficiencies . . .]]> http://nclawyersweekly.com/2011/04/13/tortnegligence-fraud-negligent-misrepresentation-unfair-trade-practices-real-property-purchase/feed/ 0 http://nclawyersweekly.com/2011/03/10/banks-banking-breach-of-duty-negligent-misrepresentation-derivative-claims/ http://nclawyersweekly.com/2011/03/10/banks-banking-breach-of-duty-negligent-misrepresentation-derivative-claims/#comments Thu, 10 Mar 2011 22:30:00 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=54679 http://nclawyersweekly.com/2011/03/10/banks-banking-breach-of-duty-negligent-misrepresentation-derivative-claims/feed/ 0 http://nclawyersweekly.com/2011/03/09/contract-master-agreement-breach-of-contract-fraud-constructive-fraud-negligent-misrepresentation-interference-with-contract-summary-judgment/ http://nclawyersweekly.com/2011/03/09/contract-master-agreement-breach-of-contract-fraud-constructive-fraud-negligent-misrepresentation-interference-with-contract-summary-judgment/#comments Wed, 09 Mar 2011 14:34:40 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=54666 http://nclawyersweekly.com/2011/03/09/contract-master-agreement-breach-of-contract-fraud-constructive-fraud-negligent-misrepresentation-interference-with-contract-summary-judgment/feed/ 0