Even though plaintiff’s derivative and individual claims against the defendant-accountant have been dismissed for various reasons, the accountant may nonetheless be liable for damages resulting from his alleged conspirators’ acts. The court grants the accountant’s motions to dismiss plaintiff’s derivative ...

Tagged with: Civil Conspiracy

Khashman v. Khashman (Lawyers Weekly No. 012-142-17, 20 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Hugh Lewis, J.) N.C. App. Unpub. Holding: Plaintiffs’ allegations in support of their unfair trade practices and civil conspiracy claims against the ...

Tagged with: Civil Conspiracy

TaiDoc Technology Corp. v. OK Biotech Co. (Lawyers Weekly No. 020-026-16, 29 pp.) (Louis Bledsoe III, J.) 2016 NCBC 26 Holding: When plaintiff, a manufacturer of blood glucose meters and test strips, provided information to allow its defendant-distributor to obtain ...

Tagged with: Civil Conspiracy

Loftin v. QA Investments LLC (Lawyers Weekly No. 15-15-0415, 22 pp.) (James Gale, C.J.) 2015 NCBC 41 Holding: Where plaintiff alleges that (1) the defendant investment firm – QA – and other defendants agreed to conceal the nature of their ...

Tagged with: Civil Conspiracy

DeGorter v. Capitol Bancorp Ltd. (Lawyers Weekly No. 14-15-1157, 24 pp.) (Louis Bledsoe III, J.) 2014 NCBC 62 Holding: The mere appointment of a new judge and the filing of a motion to reconsider do not constitute sufficient grounds for ...

Tagged with: Civil Conspiracy

Ascent Health Corp. v. Wells : In a choice of law analysis, the general rule for defamation claims is that the place of harm is the place of publication; however, when a publication occurs over the internet, publication takes place in more than one state.

Tagged with: Civil Conspiracy

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

Tagged with: Alienation of Affections Civil Conspiracy Civil Practice Emotional Distress rule 11 Statute of Limitations Tort/Negligence Unfair Trade Practices

LS Mtron v. Escorts, Ltd. The plaintiff-tractor manufacturer has alleged that an Indian parent company and its now-insolvent U.S. subsidiary created and submitted false orders for plaintiff’s tractors so they could obtain financing. Plaintiff alleges the lender knew the orders were fabricated but went along with the scheme because it benefited the lender as well. Finally, plaintiff alleges that it was injured because it continued to send additional equipment to the subsidiary and is now unable to recover the money it is owed by the subsidiary as a result of the alleged conspiratorial actions of the parent company, the subsidiary, and the lender. Plaintiff’s allegations state a claim for civil conspiracy.

Tagged with: Civil Conspiracy Civil Practice standing Tort/Negligence

GoRhinoGo, LLC v. Lewis The plaintiff-limited partnership leases premises to operate its only asset: a tavern. Plaintiff has made a strong showing that one of its (now former) members conspired with its landlord to terminate its lease so the conspiring member could open his own bar at the same location. If the lease were terminated and transferred, plaintiff’s loss of profits and loss of good will would be difficult to prove. The landlord is preliminarily enjoined from terminating plaintiff’s lease upon plaintiff’s posting of a $45,000 bond.

Tagged with: Breach of Fiduciary Duty Civil Conspiracy preliminary injunction Tort/Negligence

Kirkman v. Tison.  (Lawyers Weekly No. 10-03-0854, 14 pp.) (L. Patrick Auld, USMJ). M.D.N.C. Holdings: In claims relating to the defendants’ alleged involvement in procuring a misdemeanor summons charging the plaintiff with sending harassing e-mail, the plaintiff pled facts sufficient ...

Tagged with: Civil Conspiracy malicious prosecution Tort-Negligence Tort/Negligence Unfair and Deceptive Trade Practices