North Carolina Lawyers Weekly

Plaintiff bought a business and then saw 30 percent of its clients disappear when employees, who were brought over from the former owner, formed a new business and left plaintiff’s employ. The claims that plaintiff asserts against the sellers of ...

Where a medical practice and a member physician agreed that an arbitrator’s decision “shall be final and conclusive and enforceable in any court of competent jurisdiction without any right of judicial review or appeal,” the waiver was enforceable. Background Beckley ...

Where an agent of the defendant changed material terms in a contract that were never agreed to by the plaintiffs, there was no binding contract and the defendant could not enforce the arbitration clause in the agreement. Background Sandeva “Sandy” ...

In a case arising out of the installation of a water treatment system in plaintiff’s home, defendant Home Depot is not entitled to enforce the arbitration provisions in plaintiff’s credit card contract or in his contract with the installation professional. ...

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 ...

  Upon defendants’ appeal of the Court of Appeals’ majority ruling (When a nursing home resident was being moved to a more skilled facility, her daughter was presented with only the signature page of a three-page arbitration agreement, and that ...

The defendant-appellants argue that plaintiff did not have standing to sue to enforce promissory notes that—according to his tax returns and his representations in a divorce proceeding—belonged, not to him personally, but to his business. However, appellants sought to submit ...

    At the hearing on defendants’ motion to compel arbitration, the central factual dispute was whether there was an agency relationship between plaintiff and his wife such that plaintiff’s wife could bind him to an arbitration agreement that the ...

  Even though plaintiffs’ credit card contracts included arbitration clauses, since defendant bought plaintiffs’ debts via bills of sale that did not include assignments of the credit card companies’ right to arbitrate, there is no agreement to arbitrate between plaintiffs ...

Although the plaintiff-investors describe themselves as unsophisticated investors, they either have advanced degrees or significant business experience. Their provision of personal information to the defendant-investment companies did not create a fiduciary relationship, and plaintiffs are bound by their agreements to ...