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False lien claim was unfair trade practice
A Mecklenburg County couple has secured a $120,992 verdict against a contractor who breached their construction contract and filed a false claim for a lien on the home the couple was building. The jury also rejected all of the contractor’s counterclaims, according to attorneys for the couple. After the verdict, the presiding judge ruled that […]
College ex-president receives nearly $500K settlement
The former president of the Cape Fear Community College in Wilmington has received $468,000 from the school and its insurer to settle a lawsuit alleging that he was pushed unwillingly through the exit. “Perhaps for the first time since the board unlawfully forced Dr. Ted Spring’s resignation, they made a smart decision — to resolve […]
Real Property – Equity Line – Breach of Contract – Default & Repayment Plan – Consumer Protection – FDCPA
McKinney v. Nationstar Mortgage, LLC (Lawyers Weekly No. 002-020-16, 19 pp.) (Louise Flanagan, J.) 5:15-cv-00637; E.D.N.C. Holding: Even though the plaintiff-borrowers had fallen behind on their equity line payments, they had not agreed to repay the past-due amounts – before entering into the “Repayment Plan” offered by defendant – on a specific monthly schedule in […]
Send it back
Perpetually irate and red-faced celebrity chef Gordon Ramsay would have a few choice – and unprintable – words for restaurateur John Van Horn and his former business partner, Sammy Boyd.
Tort/Negligence — Interference with Prospective Economic Advantage – No Contact – Inducement – Civil Practice – Motion to Amend – Fraudulent Transfers Act
KRG New Hill Place, LLC v. Springs Investors, LLC (Lawyers Weekly No. 15-15-0210, 14 pp.) (Gregory McGuire, J.) 2015 NCBC 19 Holding: Defendants’ counterclaim merely alleges that plaintiffs’ contract breach caused defendants to lose out on a separate deal with a third party – with no allegation that plaintiffs had any contact with the third […]
UNC settles breach of contract suit for $285K
After receiving nearly $23 million in grant money to conduct global health research in sub-Saharan Africa and Southeast Asia, the University of North Carolina at Chapel Hill has agreed to pay $285,000 to settle a claim that it breached its contract with a nonprofit subcontractor. In 2009, the university partnered with the African Population and […]
COA: Student can recover for college’s failure to uncover his criminal record
A for-profit technical college in Wilmington will have to pay a former student more than $53,000 after it failed to conduct a criminal background check that would have shown the student was ineligible for the program he enrolled in. The North Carolina Court of Appeals let the jury’s verdict stand, but overturned sanctions against the […]
Book rental company owners smacked with $18M verdict
The co-owners of an embattled online textbook rental company have been ordered to pay more than $18 million to Charlotte-based multimedia distributor Baker & Taylor. One of the owners also is on the hook for $8.7 million in interest.
Civil Practice-Statutes of Limitations – Contract under Seal – Domestic Relations – Separation Agreement – Tort/Negligence – Fraud
Crogan v. Crogan (Lawyers Weekly No. 14-07-0882, 10 pp.) (Sanford Steelman Jr., J.) Appealed from Granville County District Court (Daniel Finch, J.) N.C. App. Holding: Since plaintiff alleges that defendant breached the full disclosure provision in their 2004 separation agreement, and since the separation agreement was signed under seal, plaintiff’s 2012 breach of contract claim […]
Attorneys – Fees – Award Method – Unfair Trade Practices – Unreasonable Refusal to Settle
Out of the Box Developers, LLC v. Doan Law, LLP (Lawyers Weekly No. 14-15-0871, 25 pp.) (James Gale, J.) 2014 NCBC 39 Holding: After finding that defendant Doan Law, LLP’s breach of contract was accompanied by sufficient aggravating factors to make it an unfair trade practice and that defendants unreasonably refused to settle, the court […]
Insurance – Homeowners – Breach of Contract – Tort/Negligence – Storm Damage
Gandecha v. Metropolitan Property & Casualty Insurance Co. (Lawyers Weekly No. 14-02-0831, 12 pp.) (James Fox, Sr. J.) 5:13-cv-00688; E.D.N.C. Holding: Although the complaint does not cite a specific policy provision, it is apparent from plaintiffs’ allegations that they contend the storm damage to their house was a covered peril under the parties’ policy and […]
Contract – Non-Compete – Injunction – Breach of Contract – Tort – Blue Pencil Doctrine
Beverage System of the Carolinas, LLC v. Associated Beverage Repair, LLC(Lawyers Weekly No. 14-07-0744, 39 pp.) (Robert C. Hunter, J.) Appealed from Iredell County District Court (A. Robinson Hassell, J.) N.C. App. Holding: The trial court had express authority to revise the restrictions in a non-compete agreement to reasonably protect the plaintiff’s business interests, so […]
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