North Carolina Lawyers Weekly

Jul 31, 2014

Contract – Failure to State a Claim – Breach of Contract – Fraud

Wallace v. Jim Pattison Corp. (Lawyers Weekly No. 14-02-0725, 9 pp.) (James Fox, J.) 4:12-cv-00094; E.D.N.C. Holding: Since the plaintiffs failed to allege a valid contract, the defendant’s motion […]

Jul 31, 2014

Contract – Unfair or Deceptive Trade Practices – Breach of Contract

Christmas v. Nationwide Mutual Insurance Co. (Lawyers Weekly No. 14-02-0719, 22 pp.) (James C. Fox, J.) 5:12-cv-00088; E.D.N.C. Holding: Even though the mortgagee’s interest in this property was eliminated […]

May 13, 2014

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

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. […]

Apr 30, 2014

Attorneys – Contract – Agency – Tort/Negligence – Legal Malpractice – Damages

Opsitnick v. Crumpler (Lawyers Weekly No. 14-02-0378, 6 pp.) (James Dever III, J.) 5:13-cv-00835; E.D.N.C. Holding: Plaintiffs’ contract was with J. Allen Crumpler, III, Attorney at Law, PLLC, but plaintiffs […]

Apr 11, 2014

Arbitration – First Impression – Corporate Principals – Piercing the Veil – Defunct Corporation – Breach of Contract Claim

Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 14-15-0328, 21 pp.) (John Jolly Jr., Ch.J.) 2014 NCBC 10 Holding: In order to determine whether plaintiffs, as principals […]

Mar 21, 2014

Civil Practice – Evidence – Expert Opinion – Thought Experiment – Tort/Negligence – Contract – Separate Duty – Damages

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 […]

Mar 11, 2014

Civil Practice – Res Judicata – Contract – Home Construction – Added Features – Separate Contracts – Breach of Warranty Claim

Harris v. A-1 Builders of NC, Inc. (Lawyers Weekly No. 14-16-0219, 12 pp.) (Rick Elmore, J.) Appealed from Randolph County Superior Court (L. Todd Burke, J.) N.C. App. Unpub. Holding: […]

Jun 7, 2013

Doctors, developer defeat bank’s recovery effort

A recent verdict by a Union County jury found a group of doctors and a developer not liable for damages of nearly $3 million after a bank foreclosed on their commercial loan. CML-NC Waxhaw, LLC had purchased the loan with an “as is” disclaimer and notice that the loan had multiple problems associated with the previous lenders, the jury concluded.

Dec 18, 2012

Civil Practice – Statute of Limitations – Breach of Contract – Corporate – Bankruptcy

Coderre v. Futrell Individual plaintiff Shane Coderre was not a party to the contract that he alleged defendants breached, nor did he allege that he was an intended third-party beneficiary of the contract; therefore, Coderre had no standing to file the breach-of-contract complaint. Since Coderre’s complaint was a nullity, its amendment to include the corporate plaintiff – which was a[...]

Oct 11, 2012

Insurance – Disability – Breach of Contract – Civil Practice – Statute of Limitations – Constructive Fraud

Lawley v. Liberty Mutual Group, Inc. If defendants breached their disability insurance contract with plaintiff, they did so when they denied her claim on March 28, 2003, not every time a monthly disability payment was due. Plaintiff’s June 27, 2011 complaint was not timely filed.

Sep 27, 2012

Civil Practice – Statute of Limitations – Miller Act – Breach of Contract – Subcontractor’s Continued Performance

United States ex rel. Burkholder v. Connelly Even though a second-tier subcontractor who was hired by plaintiff -- a first-tier subcontractor -- continued to work after the prime contractor ordered plaintiff off the construction site, the statute of limitations started running when plaintiff was ousted from the site, not when the second-tier subcontractor finished his work a few days late[...]

Sep 26, 2012

Bankruptcy – Adversary Proceeding – Core vs. Non-Core – Breach of Contract

Somerset Properties SPE LLC v. LNR Partners, Inc. In this adversary proceeding, the lenders’ claims against the debtor’s manager are not “related to” matters under 28 U.S.C. § 1334(b). A ruling on the lenders’ state-law claims against counterclaim defendant Kevin Wilk would not have an impact on the bankruptcy estate; therefore, the court does not have jurisdiction to decide th[...]