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Sep 25, 2023

Tort/Negligence – Negligent Misrepresentation – Pleading Standard – Breach of Contract

In order to state a claim for negligent misrepresentation, a complaint must meet the same pleading standard as a claim for fraud, i.e., N.C. R. Civ. P. 9(b). We affirm in part and reverse in part the trial court’s grant of defendants’ motions to dismiss and for summary judgment. Defendants (PRA) bought the assets of […]

Sep 25, 2023

Tort/Negligence – Homeowners Insurance – False Application – Contributory Negligence – Jury Question – Out-of-State Insurer

Where the plaintiff-homeowner alleges that (1) he gave the defendant-insurance agent the correct information to fill out an application for homeowner’s insurance; (2) he signed the blank application presented to him by the agent, trusting that the agent would correctly fill out the application for him; (3) the agent filled out the application incorrectly, omitting […]

Sep 11, 2023

Tort/Negligence – Prisons & Jails – Post-Surgery Restrictions – Hydrocodone Effects

Following the plaintiff-prisoner’s hernia surgery, he was restricted to the lower bunk, and he was prescribed hydrocodone. The day after his surgery, plaintiff stopped taking hydrocodone because it caused dizziness and disorientation; however, he failed to notify prison or medical staff of these side effects. Three days later, plaintiff fell down a flight of stairs. […]

Sep 11, 2023

Tort/Negligence – Tortious Interference with Contract – Omissions – Arbitration – Arbitrability Questions

In support of its claim of tortious interference with contract, the plaintiff-contractor does not describe purposeful conduct by the defendant-architect; instead, plaintiff takes issue with the architect’s refusal or failure to act, i.e., the architect’s refusal to approve plaintiff’s payment applications and the architect’s failure to issue the Certificate of Substantial Completion reques[...]

Sep 11, 2023

Tort/Negligence – Breach of Fiduciary Duty – Real Property – Developer’s Board Appointees

As members of the board of directors of the plaintiff-homeowners’ association (HOA), the defendant-developer’s appointees owed fiduciary duties to the HOA. In this action arising from the alleged negligent construction of the development’s common areas, the complaint alleges that the defendant-appointees made decisions favoring the developer’s interests over the interests of the HOA. The c[...]

Aug 31, 2023

Tort/Negligence – Emotional Distress – Bankruptcy – First Impression – Conflict Preemption – Debt Collection Calls

The defendant-creditor placed numerous phone calls to the plaintiff-debtor, attempting to collect on a debt that had been discharged in bankruptcy, despite the bankruptcy court’s discharge injunction and the creditor’s acknowledgement that plaintiff was represented by counsel. On an issue of first impression, the court concludes that the Bankruptcy Code does not preempt plaintiff’s post-bank[...]

Aug 16, 2023

Tort/Negligence – Fraud – Limited Partnership – Breach of Contract – Unjust Enrichment – EB-5 Program

In an effort to obtain U.S. visa preference pursuant to the EB-5 program, the Chinese plaintiffs invested a plan to develop part of the Wilmington waterfront, but the actual development was extremely scaled back from the plans presented to plaintiffs. Plaintiffs’ fraud claim fails to meet the requirements of N.C. R. Civ. P. 9(b) in […]

Jul 24, 2023

Tort/Negligence – Misappropriation of Trade Secrets – Preliminary Injunction

Plaintiff has taken significant steps to keep its vendor rebates confidential, has shown that one of its former employees – now employed by defendant – emailed vendor rebate information to himself before he resigned, and would suffer irreparable harm if defendant were to use plaintiff’s vendor rebate information. The court grants plaintiff’s motion for a […]

Jul 13, 2023

Tort/Negligence – Criminal Conversation – Circumstantial Evidence – Alienation of Affection

Aside from the statement in his affidavit that his then wife (Ms. Chagaris) admitted to having an affair with defendant, plaintiff also forecasted sufficient circumstantial evidence that defendant and Ms. Chagaris had sexual intercourse. Such evidence includes hotel stays as well as multiple phone calls and texts. We reverse the trial court’s grant of summary […]

Jul 5, 2023

Tort/Negligence – Unjust Enrichment – Indirect Benefit – Interference with Contract – Knowledge

Plaintiff alleges that its defendant-competitor was unjustly enriched when plaintiff’s former employee gave plaintiff’s confidential information to defendant. The court rejects defendant’s argument that a plaintiff can state a claim for unjust enrichment only if the “benefit” was conferred directly from the plaintiff to the defendant. The court grants defendant’s motion to dismiss plai[...]

Jun 29, 2023

Tort/Negligence – Breach of Fiduciary Duty Claim – Real Estate Agent – ‘Standard’ Contract

When the defendant-real estate agent told the plaintiff-buyer that the builder was offering her a “standard” contract, plaintiff assumed that the agent meant a contract that was standard across all sellers; in fact, the agent meant the contract was the builder’s standard contract. Plaintiff’s assumption about the agent’s meaning did not relieve her of the […]

Jun 29, 2023

Tort/Negligence – Real Property – Slander of Title – Invasion of Privacy – Civil Practice – Judgment on the Pleadings – Findings of Fact – Rule 52

Special damages are an element of the tort of slander of title. The only “special damages” alleged by defendant are those she incurred because plaintiffs brought this action. However, expenses incurred in defending against an action are not the natural and proximate consequence of slander of title and do not constitute special damages. We affirm […]

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