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Tag Archives: Breach of Contract

Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – Breach of Contract (access required)

Kearney v. Barker Plaintiff made it clear that his original complaint was intended to sue only the father, Phillip Junior Barker, and not the son, Phillip Renard Barker. After the statute of limitations had run, plaintiff filed an amended complaint adding the son as a defendant.

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Tort/Negligence – Breach of Contract – Civil Practice – Statute of Limitations – Personal Jurisdiction – Corporate Subsidiary — Fraud – Unfair Trade Practices — Cemetery (access required)

Birtha v. Stonemor, North Carolina, LLC Plaintiffs allege that defendants misplaced their deceased loved ones’ headstones and/or remains. Plaintiffs have cited no authority to suggest that these alleged acts amount to a continually recurring violation as opposed to the continued ill effects from an original violation; therefore, the continuing wrong doctrine does not apply to toll the statute of limitations.

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Real Property – Breach of Contract – Tort/Negligence – Fraud – Unfair Trade Practices – Hazardous Materials – Monitoring Wells (access required)

Metropolitan Group, Inc. v. Meridian Industries The defendant-seller covenanted that it had no “actual knowledge” of the presence or disposal of asbestos, fuel oil, or other hazardous or toxic substances on the land it was selling. The parties’ purchase agreement defines “actual knowledge” as “the current, actual conscious knowledge of the officers and employees of Meridian Dyed Yarn Group” as of the date of closing. Except as to asbestos, the plaintiff-buyer has failed to come forward with evidence that any of the seller’s officers or employees knew, on the date of closing, that such substances were present on the land.

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Civil Practice – Appeals – Interlocutory – Res Judicata – Texas & Kentucky Lawsuits – Breach of Contract – Covenant Not to Compete (access required)

Heritage Operating, L.P. v. N.C. Propane Exchange, LLC Even though plaintiff has filed suit in other states against some of the same individual defendants alleging breach of the same covenant not to compete, each action involves the formation, financing, and operation of a different company that does business solely in the state in which the action was brought. Whether the parties’ non-competition agreements were breached by the formation of each company depends on the factual circumstances in each case. Similarly, whether the non-competition agreements were breached by the financing and/or operation of each company depends on the specific factual circumstances in each case.

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Labor & Employment – Breach of Contract – Damages – Salary – Civil Practice – Pleadings – Supplementation – Relation Back (access required)

Panos v. Timco Engine Center, Inc. The parties’ employment contract provided that, if defendant fired plaintiff without cause, defendant would be required to pay plaintiff’s salary for a year following his termination. When plaintiff filed his complaint, only three months had passed. Even though more than three years had elapsed when plaintiff moved to amend his complaint to seek the other nine months’ worth of salary, the amendment related back under N.C. R. Civ. P. 15.

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Domestic Relations – Separation Agreement & Property – Settlement – Car Loan – Breach of Contract – Indemnification (access required)

Nix v. Nix Although the defendant-wife did not obtain the advice of counsel before she signed the parties’ separation agreement and property settlement (SAPS), she had the opportunity to do so during the several months she held on to the SAPS prior to signing it. Moreover, she accepted the child support that the plaintiff-husband paid pursuant to the SAPS, implicitly acknowledging that she considered the SAPS to be binding and legally enforceable.

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Tort/Negligence – Misappropriation of Proprietary Confidential Information – Damages — Labor & Employment – Breach of Contract – Non-Disclosure Clause – Civil Practice – Evidence — Discovery (access required)

Edgewater Services, Inc. v. Epic Logistics, Inc. Evidence tracking 10 common customers, showing the decline in the corporate plaintiff’s profits and the concomitant climb in the corporate defendant’s profits, was sufficient to support the jury’s award of damages equal to the change in profits. We affirm judgment for plaintiffs in the amount of $70,001.

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Landlord/Tenant – Commercial Lease – Fish Ponds – Breach of Contract – Damages – Material Terms (access required)

Allison v. Davidson Any connection between the defendant-landlord’s interference with the plaintiff-tenant’s fishing operation and an award of damages for lost profits for the remaining 13 years of the lease was far too speculative to support an award of several hundred thousand dollars in damages. The landlord is entitled to a new trial on the issue of damages.

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Real Property – Breach of Contract – Attorney’s Fees – Damages (access required)

Robinson v. Hope Attorney’s fees incurred as a result of the alleged wrongdoings of real estate agents cannot be recovered since (1) this would effectively erode the long-standing rule in North Carolina that attorneys’ fees are not recoverable as an item of damages absent statutory authority for such an award and (2) there is no meaningful distinction between real estate agents and other professionals in this state who maintain a fiduciary relationship with their clients or others.

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Intellectual Property – Trade Secrets Misappropriation Claim – Disclosure – Patents – Different Fields – Breach of Contract – Confidentiality — Tort/Negligence (access required)

SCR-Tech LLC v. Evonik Energy Services LLC Plaintiff and others have published the general steps involved in plaintiff’s process for cleaning and regenerating the catalysts used by coal plants to remove harmful constituents from their exhaust; therefore, the general steps are not trade secrets. However, there are questions of fact as to whether some of the specific steps in plaintiff’s process have been publicly disclosed, independently developed, or wrongfully misappropriated by defendant from plaintiff’s former employees. Defendants are granted summary judgment as to the general steps in plaintiff’s process. Defendants’ motion for summary judgment is otherwise denied.

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