North Carolina Lawyers Weekly

Although defendant objected to an officer’s testimony that he removed a handgun from defendant’s pocket, since defendant neither objected to the state’s question before the officer’s testimony (“What did you do at that point?”) nor moved to strike the officer’s ...

Plaintiff and defendant each own 50 percent of a real estate development LLC, whose operating agreement says plaintiff will “provide” or “secure” “Entitlement and Development Services in connection with the development of the Property.” Defendant, which contributed land to the ...

Although this court has previously sealed documents containing client data if public disclosure would require the defendant-hedge fund administrator to choose between withdrawing such filings or violating the terms of its Agreement to Provide Services, our Court of Appeals has ...

Plaintiffs allege that their two hangar lease agreements with the defendant-city are month-to-month leases. Under G.S. § 42-14, a monthly tenancy may be terminated by a notice to quit given seven days or more before the end of the current ...

Defendant, who has not responded to plaintiffs’ lawsuit, (1) is a party to plaintiff Beem USA Limited Liability Limited Partnership’s limited partnership agreement (the Agreement) and (2) has violated the terms of the Agreement by (a) continuing to act as ...

Plaintiff, a tobacco manufacturer that declined to participate in the 1998 master settlement agreement (MSA) between states and participating tobacco manufacturers, is not entitled to have its market share “grandfathered” to its pre-MSA market share. Such grandfathering was an incentive ...

The option agreement in a real estate development project is ambiguous as to whether a defendant’s failure to sign an LLC’s operating agreement is sufficient to trigger plaintiff’s option to buy the land in question. The court denies defendants’ motion ...

The five-page case summary and introduction to plaintiff’s 47-page complaint uses aggressive and accusatory language. However, plaintiff’s unfair trade practices claim is based, at least in part, on the same conduct supporting its breach of contract claim, necessitating proof of ...

Where defendant’s unfair trade practices counterclaims in this action and its unfair trade practices claim in a New York action are based on different facts, the court declines to stay this action pending resolution of the New York action. Defendant’s ...

The court declines to issue a declaratory judgment to determine the responsibilities of insurers that provide coverage to different insureds in a case where no claims have yet been made against the insurers. American Guarantee & Liability Insurance Company’s (Zurich) ...