SunTrust Bank v. Bryant/Sutphin Properties, LLC Although defendants contended that the plaintiff-bank committed unfair practices separate from the parties’ contracts, in alleging these “separate” acts, defendants were really claiming that the bank acted outside of its authority under the contract; this is a breach of contract. Since the jury found that the bank had not breached the parties’ contracts, the trial court should not have concluded that the bank violated G.S. § 75-1.1.

Tagged with: Banks & Banking Commercial Contract promissory note Unfair Trade Practices Claim

Republic Franklin Ins. Co. v. Albemarle County School Board An Albemarle County school board’s failure to pay its school bus drivers and transportation assistants overtime pay under the Fair Labor Standards Act was a “wrongful act” under the school board’s commercial insurance policy, and the policy does not cover wage payments but should cover liquidated damages and attorney’s fees, the 4th Circuit says.

Tagged with: Commercial Insurance Labor & Employment Schools & School Boards

On July 11, 2008, Kight’s Medical Corp. (“KMC”) filed a lawsuit in the Superior Court of Wake County against Ginger Kight Pickett (“Pickett”), the former manager of KMC’s Chesapeake, Va., branch; and Atlantic Home Medical (“AHM”), the durable medical equipment ...

Tagged with: Commercial Contract Conversion Fraud non-compete clause Unfair and Deceptive Trade Practices Wake County

The Country Vintner of North Carolina v. E. & J. Gallo Winery, Inc. (Lawyers Weekly No. 10-02-1031, 13 pp.) (W. Earl Britt, J.) U.S.E.D. The District Court denied plaintiff’s motion for summary judgment and granted defendant’s motion for summary judgment ...

Tagged with: Commercial Contract