North Carolina Lawyers Weekly

Jul 21, 2011

Labor & Employment – Severance Agreement – Breach of Contract – Conflict of Interest

McKinnon v. CV Industries An employer who failed to pay severance benefits did not breach its contract with the plaintiff since the plaintiff was not entitled to Plan A benefits when he ceased continuous competition with his employer in 2001. The trial court’s grant of the defendant’s motion for summary judgment is affirmed.

Apr 29, 2011

Contract – Findings of Fact – Conclusions of Law – Necessary Party – Competent Evidence – Breach of Contract – Legal Services – Attorney’s Fees

Trachtman Law Firm, PLLC v. Csapo. (Lawyers Weekly No. 11-16-0431, 15 pp.) (Rick Elmore, J.) Appealed from Wake County District Court. (Lori Christian, J.) N.C. App. Unpub. Click here for […]

Apr 28, 2011

Contract – Breach of Contract – Unfair & Deceptive Trade Practices – Directed Verdict – JNOV – Negligence

Ford v. All-Dry of the Carolinas, Inc. (Lawyers Weekly No. 11-16-0429, 24 pp.) (John C. Martin, C.J.) Appealed from Superior Court. (Dennis J. Winner, J.) N.C. App. Unpub. Click here […]

Mar 10, 2011

Contract – Home Renovation – Breach of Contract – Price

Sutton v. Bender. (Lawyers Weekly No. 11-16-0245, 9 pp.) (J. Douglas McCullough, J.) Appealed from the Wake County District Court. (Jane P. Gray, J.) N.C. App. Unpub. Click here for […]

Mar 10, 2011

Contract – Breach of Contract – Summary Judgment – Spa – Terms – Unfair Trade Practices

Hodges v. Young. Where the plaintiff sued a spa company manager for breach of contract after he discovered that a two-pump rather than a three-pump spa was installed, the District Court . . .

Mar 9, 2011

Contract – Master Agreement – Breach of Contract – Fraud – Constructive Fraud – Negligent Misrepresentation – Interference with Contract – Summary Judgment

Crockett Capital Corp. v. Inland American Winston Hotels, Inc. (Lawyers Weekly No. 11-15-0257, 51 pp.) (Judge Ben F. Tennille) On cross motions for summary judgment. N.C. Bus. Ct. Click […]

Mar 8, 2011

Insured recovers on counterclaim for malicious prosecution over Wilson fire

Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to […]

Feb 25, 2011

Swain County HOA wins $2.4M verdict in defective roads dispute

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson[...]

Feb 23, 2011

Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

Feb 21, 2011