North Carolina Lawyers Weekly

In order to prove fraud, a plaintiff need not show that the defendant’s misrepresentation was made on a specific date. Where plaintiff presented evidence that (1) defendant Rives made a definite and specific promise not to spend more than $25,000 ...

This case arises from a failed real estate deal, and the identity of plaintiff’s lender was an important issue. Up until the last moment of discovery, plaintiff represented that Ameris Bank was its lender. Plaintiff then changed this assertion, stating ...

Where (1) plaintiff purchased an already-burned chicken processing plant, (2) the seller assigned to plaintiff its right to recover under various commercial liability policies, and (3) plaintiff seeks to recover from the defendant-excess insurers (after recovering from the seller’s primary ...

The complaint alleges the percentage interests that the plaintiff-investors claim to possess in defendant Omni Holding Group, LLC; that records received from Omni contain conflicting information concerning those interests; that Omni and defendant Alshalabi have refused to produce additional information ...

Matters of internal corporate management do not affect commerce as defined by G.S. Chapter 75. The fact that other entities benefited from the alleged deceptive conduct while plaintiff did not does not make the dispute one “in and affecting commerce.” ...

On a question of first impression, the court finds that the language of an excess flood insurance policy clearly bars plaintiff from suing the defendant-excess insurer for breach of contract until the primary flood insurer has admitted liability for or ...

After country club members protested plaintiff and defendant Packer’s joint venture to start an RV park at the country club, Packer told plaintiff he did not think the joint venture was reasonable “in the current environment.” Thereafter, Packer partnered with ...

When one of the plaintiff-franchisees sold one of his franchises in 2013, he signed a contract which released all claims against the defendant-franchisor. Since the release did not include a covenant not to sue, it cannot form the basis of ...

Where the individual defendants had already stated their intentions with regard to transferring the assets of a non-profit association to their newly formed for-profit limited liability company and a non-profit foundation, the operating agreement drafts created by defendants’ counsel are ...

Where plaintiffs allege that defendants converted their “customer list” and “business assets,” but where plaintiffs’ counsel admitted that “customer list” actually refers to their decedent’s client relationships while “business assets” refers to the “goodwill” of the decedent’s company, plaintiffs have ...