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Sep 17, 2012

Labor & Employment – Civil Practice – Laches — National Origin Discrimination Claim

Equal Employment Opportunity Commission v. Propak Logistics, Inc. The EEOC did not file this action until almost seven years after one of defendant’s employees filed a discrimination charge; in the meantime, the facility in question has closed, defendant has lost touch with its former employees, and – not knowing the EEOC would consider this a class action – defendant has not mainta[...]

Sep 13, 2012

Tort/Negligence – FTCA – Intentional Torts – Law Enforcement Proviso – TSA Screeners – Limited Search Authority

Weinraub v. United States Under the Federal Tort Claims Act, the U.S. has waived sovereign immunity for certain intentional torts committed by investigative or law enforcement officers.

Sep 13, 2012

Civil Practice – Class Action – Motion to Force – Unwilling Plaintiffs – Poultry Farmers

Benton v. Omtron USA, LLC Even though over 100 poultry farmers are suing their former poultry integrator, Fed. R. Civ. P. 23 does not allow a defendant to force plaintiffs to sue as a class.

Sep 13, 2012

Civil Practice – Class Action – Partial Decertification – Truck Leases – Individual Contracts

Foster v. Ceva Freight, LLC While plaintiffs still claim that defendant violated the Truth-in-Leasing Act identically with respect to all plaintiff class members, discovery has revealed that defendant negotiated individual payment arrangements with individual members of the class that departed from defendant’s standard tariffs.

Sep 13, 2012

Civil Practice – Forum Non Conveniens – Contract — Intellectual Property – Patent License – English & N.C. Companies

NLA Diagnostics LLC v. Theta Technologies Ltd. An English court is the more appropriate forum for a dispute between an English company and an N.C. company over an English invention and a patent license that is governed by English law.

Sep 13, 2012

Civil Practice – Personal Jurisdiction – Tort/Negligence – Defamation – Internet Postings – Intellectual Property

Gibson v. Social Knowledge, LLC People from other states – who allegedly posted defamatory statements about the N.C. plaintiff on internet forums – are not subject to this court’s jurisdiction. The court grants defendants’ motion to dismiss for lack of personal jurisdiction.

Sep 13, 2012

Civil Practice – Personal Jurisdiction – Labor & Employment – N.C. Company – Georgia Employee – Trade Secrets & Business Expectancy

Perficient, Inc. v. Pickworth This court lacks personal jurisdiction over a Georgia resident who applied for a job, accepted the job, and performed the job in Georgia, albeit for an N.C. company. The court grants plaintiff’s motion to dismiss for lack of personal jurisdiction.

Sep 13, 2012

Civil Practice – Subject Matter Jurisdiction – Domestic Relations – Equitable Distribution – Corporate – Stock Redemption Agreement – Tort/Negligence

Whitworth v. Estate of Whitworth Even though plaintiff’s equitable distribution action is no longer pending, her claims that rest on allegations of intrinsic fraud must be brought in district court; however, her claims of breach of fiduciary duty, constructive fraud, and RICO violations against her daughter-in-law and the estate of her late son may be brought in superior court.

Sep 13, 2012

Contract – Yacht Club – Membership vs. Boat Slip Purchase – Unfair Trade Practices Claim

White v. Bald Head Island Yacht Club Plaintiff signed the defendant-yacht club’s application for membership, which states, “I understand that membership at Bald Head Island Yacht Club will be a membership in a private club and that acceptance for membership is subject to my being approved for membership and payment of the required purchase price and dues.”

Sep 13, 2012

Criminal Practice – Sex Offender – Civil Commitment — Reconsideration

U.S. v. Wooden The record does not support a district court’s rejection of civil commitment for a sex offender, and the 4th Circuit orders reconsideration; the offender has a long history of acting on his pedophilic urges, has been convicted or adjudicated delinquent five times, has admitted he offended many more times than he was caught and has been resistant to treatment.

Sep 13, 2012

Administrative – CON – Completed Application – Operating Rooms – Shared vs. Ambulatory

WakeMed v. North Carolina Department of Health & Human Services Even though, when it applied for a certificate of need for three operating rooms, Holly Springs Surgery Center’s application failed to include Sections III.3 – III.9, the respondent-agency found the information from the omitted sections in other parts of HSSC’s application.

Sep 11, 2012

Contract – Banks & Banking — Promissory Note – SBA Loan – Re-Amortization – Automatic or Upon Request

Valu-Lodge of Greenville, Inc. v. Branch Banking & Trust Co. Once plaintiffs’ Small Business Administration loan proceeds were applied to their debt to the defendant-bank, plaintiffs were entitled to ask for a re-amortization of their bank loan; however, plaintiffs failed to show that the bank should have automatically re-amortized the loan absent a request from plaintiffs.

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