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Breach of Contract

Sep 21, 2012

Insurance – Fire – Tort/Negligence – Bad Faith Refusal to Settle Claim – Unfair Trade Practices – Breach of Contract

Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.

Jun 6, 2012

Tort/Negligence – Professional Liability – Real Property – Appraiser – Indirect Reliance – Attorneys – Revenue Stamps Amount – Developer — Breach of Contract – Fraud

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc. Where the plaintiff-buyers alleged, at most, that they relied on the bank’s acceptance of an appraisal report in making their decisions to buy property from the defendant-developers, such indirect reliance is insufficient to state a professional negligence claim against the defendant-appraisers.

May 23, 2012

Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract

Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must e[...]

May 22, 2012

Banks & Banking – FIRREA – Exhaustion of Administrative Remedies – First Impression — FDIC Receivership – Purchase – Tort/Negligence — Real Property – Breach of Contract

Front Street Construction, LLC v. Colonial Bank, N.A. The Federal Deposit Insurance Corp. (FDIC), as receiver for failed bank Colonial Bank, N.A., entered into a purchase and assumption agreement (PAA) with Branch Banking and Trust Co. Some of plaintiffs’ claims against BB&T arose from acts or omissions by Colonial and were not addressed in the PAA. As to those claims, plaintiffs must [...]

May 10, 2012

Tort/Negligence – Fraud – Civil Practice – Standing – Bankruptcy – Labor & Employment – Breach of Contract – Personal Jurisdiction

Stec v. Fuzion Investment Capital, LLC Where plaintiff’s fraud claim is based on acts that allegedly occurred prior to the filing of his bankruptcy petition, the acts supporting plaintiff’s fraud claim are rooted in plaintiff’s pre-petition activities and are the property of the bankruptcy estate. Therefore, plaintiff lacks standing to bring his fraud claim.

May 9, 2012

Civil Practice – Statute of Limitations – Pleadings – Amendment – Relation Back – Breach of Contract

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.

May 2, 2012

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

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 s[...]

Apr 30, 2012

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

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 Dy[...]

Apr 6, 2012

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

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-[...]

Feb 16, 2012

Labor & Employment – Breach of Contract – Damages – Salary – Civil Practice – Pleadings – Supplementation – Relation Back

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 [...]

Jan 27, 2012

Domestic Relations – Separation Agreement & Property – Settlement – Car Loan – Breach of Contract – Indemnification

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 [...]

Dec 15, 2011

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

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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