North Carolina Lawyers Weekly

A couple who worked in the wife’s family’s campground business for years without pay has not shown that the business is a de facto partnership, but they may be able to show that the wife’s mother owed and breached a ...

Defendant entitled to a new trial when the trial court failed to properly advise defendant of the consequences of waiving counsel and where defendant did not engage in conduct that was of a combative or dilatory nature that would result ...

On the first scheduled day of trial in this condemnation action, the trial court denied two of the defendant-landowner’s three pretrial motions in writing and one orally. Where defendant filed an immediate appeal of “the Order … attached,” which included ...

  Even though the individual defendants are both (1) liable for the jury’s punitive damages awards and (2) members of the LLCs to which those punitive damages will be distributed, there is no North Carolina authority for prohibiting a shareholder ...

  Where the parties’ settlement agreement clearly instructs the appraisers chosen thereunder that they are to assume “no material change in … the use of [the country club’s] assets” while appraising plaintiff’s shares, the appraisers may not value the country ...

  The alleged conduct that forms the basis for plaintiff’s claims of civil obstruction of justice and civil conspiracy – the destruction of files and the making of false statements – occurred during this lawsuit. Accordingly, the court can address ...

  Defendants remaining in litigation were entitled to a stay pending resolution of arbitration between plaintiffs and other defendants where plaintiffs’ claims against moving defendants arose from the same set of facts as in arbitration or where plaintiffs could not ...

  Plaintiff, a 50-percent shareholder in defendant Winters Custom Yachts, Inc. (WCY), asserts individual claims of breach of fiduciary duty and constructive trust against defendant Winters, who owns the other half of WCY. The complaint alleges that plaintiff allowed Winters ...

In the context of a limited liability company, a group of members with an aggregate majority ownership do not owe a fiduciary duty to minority members. The court grants in part and denies in part defendants’ motion to dismiss. Allegations ...

  Plaintiff makes general allegations that its defendant-competitor acted “with knowledge” of Stephen Carroll’s employment contract with plaintiff when defendant hired Carroll and directed him to divulge plaintiff’s confidential information. These conclusory accusations are insufficient to allege that defendant knew ...