North Carolina Lawyers Weekly

Even though this case involves defendant Tutton’s breach of restrictive covenants in a settlement agreement and consent order that were entered into after Tutton had already breached restrictive covenants in his employment contract, it is still up to the court ...

Although a settlement agreement can include the payment of one party’s attorneys’ fees by the other party, even in the absence of a statute authorizing such payment, the parties’ settlement agreement here does not require plaintiffs to pay attorneys’ fees ...

If the plaintiff-limited liability company’s allegations are true and one of its managers used company resources to secretly develop a competing product, this would be akin to looting, and the manager’s actions would not be absolved by an operating agreement ...

According to plaintiff’s allegations, even though a Texas court’s order confirming an arbitration award effectively rejected an attempt by General Fidelity Insurance Company (GFIC) to pierce the corporate veil of plaintiff’s company, the defendant-law firm and its attorney failed to ...

When plaintiff reviewed defendants’ marketing budget, plaintiff was concerned that the budget was insufficient to support the marketing activities that plaintiff was to perform. Although defendants assured plaintiff that the budget was only a draft and would be revised to ...

In opposition to plaintiff’s motion for summary judgment on their fraud counterclaim, defendants submitted an affidavit asserting that plaintiff’s principal, Lewis Quinn, had falsely stated that plaintiff’s expansion plan (in competition with defendants) “was a thing of the past.” However, ...

Where the plaintiff-pest control company alleges that defendant, plaintiff’s former employee, falsely told a customer that plaintiff’s chemicals and applications caused harm to plants, animals and humans, such statements, if false, impeach plaintiff in its trade or business and can ...

In the Office of Administrative Hearings, plaintiff, a former Medicaid provider, has ongoing contested cases against defendant North Carolina Department of Health and Human Services (DHHS) regarding the denial of plaintiff’s Medicaid claims. Nevertheless, since plaintiff’s constitutional claims against DHHS ...

Where plaintiff alleges that defendants Fields and Crete tricked him into investing in a technology company—actually a sham company—and then hid plaintiff’s $500,000 investment by converting it to cryptocurrency, and where defendants have responded to neither plaintiff’s complaint nor his ...

Although N.C. R. Civ. P. 14 allows a third-party defendant to assert any defense that is available to the third-party plaintiff, a defense of arbitration is not one that Rule 14 contemplates will be available to a third-party defendant who ...