North Carolina Lawyers Weekly

The plaintiff-employers allege that, after she learned she was being laid off, the defendant (now former) employee took plaintiffs’ trade secrets – including some in the form of hard copies – to entice employment offers and financial rewards from plaintiffs’ ...

Tagged with: Tort/Negligence

Respondent is a retailer of Boost Mobile goods and services. During the audit period, respondent failed to collect sales tax on Boost’s “Real Time Replenishments” (RTRs). Even though the RTRs may be redeemed on a variety of goods and services ...

Tagged with: Taxation

The parties have forecasted conflicting evidence as to whether the plaintiff-insured attempted to have the defendant-insurers pay, not solely for the damage that fire caused to plaintiff’s facility, but also for plaintiff’s expansion of the facility. Plaintiff is not entitled ...

Tagged with: Insurance

Plaintiffs allege that defendants Walker and Sanderson, as well as defendant-executor Yates’ decedent, W.I. Warren, concealed environmental problems at Warren Oil Company, Inc. (Warren Oil), both before and after plaintiffs purchased Warren Oil and after Walker, Sanderson and Warren started ...

Tagged with: Tort-Negligence

The respondent-taxpayer asked the Office of Administrative Hearings (OAH) to declare that petitioner North Carolina Department of Revenue’s application of a tax statute to respondent violated the dormant Commerce Clause of the U.S. Constitution (the statute treated loans to affiliates ...

Tagged with: Taxation

Plaintiffs, minority members of a limited liability company, allege that the defendant-managing member has taken excess distributions from the LLC while withholding distributions due to plaintiffs. Discovery remains pending, information from plaintiffs’ expert was conveyed by way of an unsworn ...

Tagged with: Civil Practice

Even though the insured agreed to buy insurance on his own life simply as a means of making money on the sale of the policy to a stranger, since the insured always had the option of retaining the policy, the ...

Tagged with: Insurance

Plaintiffs allege that, even if hospital-system defendants obtained their Asheville-area inpatient-care monopoly legally (largely via the now-repealed Certificate of Public Advantage law), defendants illegally coerced health insurers into including anti-steering provisions in their policies in order to maintain defendants’ monopoly ...

Tagged with: Antitrust

Even though plaintiffs have not alleged that they agreed to share in the losses of their partnership/joint venture with defendant Barfield, they have alleged that they agreed to be partners in the buying, holding, operation and sale of real property, ...

Tagged with: Partnerships

Defendants argue that plaintiff, as an officer of the defendant-agency, breached his fiduciary duty to the agency by issuing false certificates of insurance (COIs). However, plaintiff explains that he issued the false COIs in what he believed was the best ...

Tagged with: Tort/Negligence