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Contract

Contract – Private University – Disciplinary Proceedings (access required)

Samost v. Duke University Our Court of Appeals held, Even if the “Bulletin of Duke University, The Duke Community Standard in Practice: A Guide for Undergraduates” was a contract between Duke and its students, plaintiffs cannot show that Duke breached the Bulletin’s terms because plaintiffs filed suit instead of allowing the disciplinary process to continue to completion.

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Contract – Relator’s Release No Bar to FCA Suit (access required)

U.S. ex rel. Steven May v. Purdue Pharma LP Although a relator in an earlier False Claims Act suit against defendant pharmaceutical company saw his FCA suit dismissed pursuant to a general release he signed to obtain a severance package when he was laid off as sales manager, that release was personal to the sales manager and does not bar a later FCA suit filed by two new relators – the sales manager’s wife and another sales representative for defendant.

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Contract – Good Faith – Unfair Trade Practices – Damages Allegations – Intellectual Property (access required)

Medical Facets NC LLC v. Medical Facets LLC Plaintiff has alleged that defendant has breached both the express terms of the parties’ contract and the implied covenant of good faith. Plaintiff alleges that the contract says the parties may not unilaterally force contract modifications, yet, despite plaintiff’s performance under the contract, defendant has claimed breach and demanded a forced contract modification and an unlawful payment of $10,000 in addition to the consideration it has already received; moreover, the complaint sets out defendant’s alleged bad faith attempts to intimidate plaintiff and to deny it the use of the licensed technology.

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Contract – Settlement Agreement – Indemnity Contract – Laches & Equitable Estoppel (access required)

John Wm. Brown Co. v. State Employees’ Credit Union A contractor’s surety let the contractor’s lawsuit against the project owner go on for a year before the surety stepped in to unilaterally accept the owner’s year-old settlement offer (as the surety’s indemnity contract allowed it to do); nonetheless, laches does not bar the owner from enforcing the settlement agreement.

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Contract – Asset Sale – Antitrust Claim – Not Conveyed – Unjust Enrichment — Tort/Negligence – Conversion – Civil Practice – Statute of Limitations (access required)

Flexible Foam Products, Inc. v. Vitafoam Inc. When defendant sold the assets of its High Point, NC and Tupelo, Mississippi plants to plaintiff, defendant excluded from the sale “all intangible rights and property of Seller not used exclusively in the Business (provided that such rights and property are not material to the conduct of the Business as conducted immediately prior to the Closing).” Defendant’s antitrust claim against chemical companies is an intangible right that was never “used” at the High Point and Tupelo facilities; furthermore, the antitrust claim was “not material to the conduct of the” High Point and Tupelo plants at all, let alone immediately prior to the closing.

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