It appears the trial court may have valued the defendant-wife’s dental practice at its 2012 purchase price less the debt that remained when the parties separated in 2015; however, the trial court did not specify what values it may ...
Read More »Domestic Relations – Equitable Distribution – Valuation – Dental Practice – Unclear Methodology – Hearsay – Pro Forma Statements
Tort/Negligence – Unfair Trade Practices – Maternity Compression Garments – Reverse Passing Off – First Impression 
Guided by federal law, the court predicts that the North Carolina Supreme Court would recognize a claim of reverse passing off, but that a defendant’s creation and sale of knock-off products do not constitute reverse passing off. However, defendants’ alleged ...
Read More »Tort/Negligence – Misappropriation of Trade Secrets – Conversion – Unfair Trade Practices – Competing Business 
Plaintiff alleges that (1) the individual defendants—plaintiff’s former employees—planned a competing business venture several months prior to their resignations; (2) defendants Naftel and Schooff obtained plaintiff’s trade secrets on their personal devices in violation of plaintiff’s policies; and (3) defendants ...
Read More »Contract – Asset Purchase – Civil Practice – Personal Jurisdiction – Tort/Negligence – Fraud 
Where a defendant’s payment of a bank loan is a condition precedent to the defendant’s obligation to make payments on a promissory note to plaintiffs, but where plaintiffs did not allege that the bank loan had been paid, plaintiffs failed ...
Read More »Civil Practice – Affirmative Defenses – Motion to Strike – Notice Pleading – Dead Man’s Statute 
Even though N.C. R. Civ. P. 8 appears to set forth different pleading requirements for defenses depending on whether they are affirmative or not, when faced with a motion to strike defenses under N.C. R. Civ. P. 12(f), North Caroline ...
Read More »Tort/Negligence – Interference with Contract – Economic Loss Rule – Covenants Not to Compete – Inducement Allegations 
Where defendants allege that the plaintiff-physicians had a duty not to interfere with the defendant-medical practice’s business relationship with a hospital, defendants’ tort counterclaims (tortious interference with contract and tortious interference with prospective economic advantage) are not barred by the ...
Read More »Tort/Negligence – Partnership – RV Park – Conversion & Unfair Trade Practices – Attorney’s Fees 
Plaintiff alleges that defendants converted its property when (1) plaintiff contributed plans and other valuable assets to a joint venture to develop a recreational vehicle park at a country club, (2) community members’ opposition led to the abandonment of the ...
Read More »Tort/Negligence – Breach of Fiduciary Duty & Fraud – Personal Broker – Investment in Failing Company 
Where plaintiffs allege that (1) defendant McDowell was their “personal broker” as well as a shareholder of, paid consultant for, and member of the board of directors of nominal defendant—and now insolvent—rFactr, Inc.; (2) McDowell vouched for third-party defendant Brasser, ...
Read More »Contract – Settlement Agreement – Truck Sales – Area of Responsibility – Title Address 
Pursuant to the parties’ settlement agreement, truck sales outside the defendant-dealership’s area of responsibility (AOR) were not to be counted towards the dealership’s sales quota. Although the plaintiff-manufacturer made a conditional offer to count sales of trucks that were titled ...
Read More »Tort/Negligence – Fraudulent Conveyance – Breach of Fiduciary Duty – Breach of Contract – Corporate Sale 
When plaintiff Willard agreed to buy the business of defendants’ decedent Barnes, they formed a new company. However, the assets of the old company and the new company were so intermingled that, when Barnes subsequently transferred the business back to ...
Read More »