North Carolina Lawyers Weekly

Plaintiff alleges that defendant – plaintiff’s competitor – induced plaintiff’s former employee to breach the non-compete and nondisclosure covenants of her employment contract, which has a Delaware choice of law provision, and the covenants of which were supported with the ...

Tagged with: Tort/Negligence

Plaintiffs sold their interests in the defendant-limited liability company to Richard Siskey a few years before the LLC merged with another company, resulting in a significant payout to the LLC’s remaining members. Even though defendant James M. (Mike) Smith, the ...

Tagged with: Tort/Negligence

Where the plaintiff-creditor’s notice says that it will seek attorneys’ fees unless an amount “is made” within five days, rather than demanding that the amount be “paid,” plaintiff may not collect attorneys’ fees under G.S. § 6-21.2(5). Defendant’s motion for ...

Tagged with: Contract

Plaintiff – a former employee and minority owner of defendant CPP International, LLC – alleges that she was fraudulently induced to give up her membership interest in CPP shortly before it was sold for millions of dollars, much of which ...

Tagged with: Corporate

Plaintiff alleges that defendants misappropriate its confidential business plan (the D2C plan), including special bicycle racking systems, cost estimates, financial models, pricing and profitability estimates, and more. The complaint alleges that the D2C plan is confidential, unique to plaintiff, and ...

Tagged with: Tort/Negligence

Where defendants’ in-house counsel gave deposition testimony that was belied by the documentary evidence in this case, the court will sanction defendants by instructing the jury to believe the documentary evidence and, when deciding counsel’s credibility, to consider her false ...

Tagged with: Civil Practice

Although the late Richard Siskey, perpetrator of an alleged Ponzi scheme, was a MetLife independent contractor, and although his office displayed a sign reading, “Wall Street Capitol an office of MetLife”, MetLife had no relationship with or even knowledge of ...

Tagged with: Tort/Negligence

When the parties asked the administrative law judge to enter a consent order settling their dispute, the ALJ instead lifted a partial sentence from the proposed order and – without hearing argument on the parties’ cross-motions for summary judgment – ...

Tagged with: Administrative

In a dispute arising out of a contract to transfer and develop real property, the complaint alleges that plaintiff Clue Property Development, LLC, is the successor in interest to Cue Property Development, LLC. Although defendants argue the complaint does not ...

Tagged with: Corporate

In this action that arose more than ten years ago, the notice mailed to some class members was returned as undeliverable. Under the circumstances, this was not a violation of class members’ rights to due process.  The court certifies a ...

Tagged with: Civil Practice