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Tag Archives: Breach of Contract

Contract – Breach of Contract – Negligence – Negligence Per Se – Unfair and Deceptive Trade Practices – Breach of Fiduciary Duty – Declaratory Judgment – Injunction (access required)

Hetzel v. JPMorgan Chase Bank, N.A. (Lawyers Weekly No. 14-02-0717, 7 pp.) (Terrence W. Boyle J.) 4:12-cv-00236; E.D.N.C.   Holding: Plaintiff based his claim to enjoin a foreclosure proceeding on the theory that a property mortgage is invalid because the ...

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Labor & Employment – Public Employees – Tort/Negligence – Wrongful Discharge – Breach of Contract – Appeals – Sovereign Immunity – Additional Issues (access required)

Coston v. University of North Carolina at Charlotte (Lawyers Weekly No. 14-16-0431, 8 pp.) (Robert C. Hunter, J.) Appealed from Mecklenburg County Superior Court (Forrest Bridges, J.) N.C. App. Unpub. Holding: Since plaintiff was subject to discharge only for “just ...

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Civil Practice – Evidence – Expert Opinion – Thought Experiment – Tort/Negligence – Contract – Separate Duty – Damages (access required)

Severn Peanut Co. v. Industrial Fumigant Co. (Lawyers Weekly No. 14-02-0257, 11 pp.) (Terrence Boyle, J.) 2:11-cv-00014; E.D.N.C. Holding: Even though plaintiffs’ experts have not conducted physical experiments, they have conducted thought experiments, a type of testing recognized by the ...

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