North Carolina Lawyers Weekly

Aug 19, 2024

US judge reopens $6.5M lawsuit in ’16 air crash

RENO, Nev. — A judge in Nevada has reopened a federal lawsuit accusing air traffic controllers of causing the 2016 fatal crash of a small airplane that veered into turbulence […]

Jul 30, 2024

Commentary: Are you writing a truly binding contract?

Contracts are foundational to law and society, but their enforceability depends on variables such as consequences for breach, litigation costs, writing quality and business risks.

Jan 19, 2024

ACC amends lawsuit against Florida State

CHARLOTTE — The Atlantic Coast Conference accused Florida State of breach of contract Wednesday, saying the Seminoles broke promises when they legally challenged an agreement that binds the school to […]

Oct 23, 2018

Contract – Breach – Home Repairs – Issue Preclusion

Plaintiff had previously filed two suits against defendant arising from her dissatisfaction with repairs defendant had performed on plaintiff’s home. The actions resulted in an arbitration award and consent judgment […]

Oct 11, 2018

Contract – Breach – Gun Auction – Accord & Satisfaction – Unearned Commissions

Where there was no language on either the defendant-auctioneer’s check or in the accompanying letter which clearly expressed that the tendered check was intended to be a settlement of some […]

Oct 8, 2018

Contracts – Licensing Agreement – Breach – Withdrawal of Admissions

Plaintiffs alleged that defendants used positions of trust for their own benefit and to the detriment of plaintiff following the failure of a pharmaceutical licensing agreement between the parties. Defendant/third-party […]

May 23, 2017

Contract – Breach – Advanced Funds – Account Stated – Prejudgment Interest – Partial Payment

Progress Builders, LLC v. King (Lawyers Weekly No. 020-047-17, 13 pp.) (Louis Bledsoe III, J.) 2017 NCBC 40 Holding: Pursuant to oral agreements with the pro se defendant, plaintiff lent […]

Jul 21, 2014

Civil Practice – Res Judicata – Breach of Contract – Bad Faith – Unfair Trade Practices – Interlocutory Appeal – Insurance

Bruns v. North Carolina Farm Bureau Mutual Insurance Co. (Lawyers Weekly No. 14-16-0680, 10 pp.) (Sanford Steelman Jr., J.) Appealed from Craven County Superior Court (Jay Hockenbury, J.) N.C. App. […]

Jul 17, 2014

Tort/Negligence – Breach of Fiduciary Duty Claim – Banks & Banking – Real Property – Mortgages – Foreclosure – Right of Redemption

Lynn v. Federal National Mortgage Association (Lawyers Weekly No. 14-07-0660, 12 pp.) (Robert N. Hunter Jr., J.) Appealed from Union County Superior Court (W. David Lee, J.) N.C. App. Holding: […]

May 8, 2012

Contract – Breach – Evidence – Assault — Remodeling Work – Failure to Pay – Punch List

Allen Design Associates, Inc. v. Combs The defendant-homeowner failed to try to introduce evidence that the reason she refused to let the plaintiff-contractor back into her home was that she had learned that he had been arrested for assault on a female. Even if she had preserved this issue for appeal, the homeowner failed to show that such evidence was relevant; she didn’t show that she[...]

Mar 29, 2012

Contract – Breach – Damages – Interior Design – Change Orders

Diane K. Troum, Inc. v. Amini Innovation Corp. The parties’ original showroom design contract required defendant to pay plaintiff $20,000 plus purchases, administrative costs and “hours in excess of ten [to be] billed at $15.00 or $20.00 per hour for a cap of $1,000.00. Variance in rate depends on skill level of personnel.” After defendant requested additional design services, the c[...]

Dec 16, 2011

Contract – Breach – Remedies – Injunction

Crosland Ardrey Woods, LLC v. Beazer Homes Corp. Where our Court of Appeals held, Where a contract did not expressly limit remedies available to an aggrieved party upon breach of the contract, the trial court did not err in granting injunctive relief. Prospective damages were unascertainable, and the contract expressly allowed for retention of an earnest money deposit by the aggrieved par[...]