Where the plaintiff-creditor’s notice says that it will seek attorneys’ fees unless an amount “is made” within five days, rather than demanding that the amount be “paid,” plaintiff may not collect attorneys’ fees under G.S. § 6-21.2(5). Defendant’s motion for ...

Tagged with: Contract

Where the parties’ settlement agreement allowed either party to offer to buy certain real property by depositing $100,000 with the Chapel Hill branch of Investors Title by 5:00 p.m. on November 3, 2020, plaintiffs did not fully comply with the ...

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Where plaintiff alleges that it “typically provides services in over forty states, and it routinely performs work throughout the United States,” and where plaintiff alleges that defendant was a high-level executive whose duties covered the United States and who had ...

Tagged with: Contract

 The contract between the parties – two separate radio stations – required defendant to maintain its FM license and to rebroadcast some of plaintiff’s programming; plaintiff was required to share its advertising revenue. After defendant breached the contract by losing ...

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Plaintiffs have cited no North Carolina decisions which support their argument that a party to a confidentiality agreement possesses a privilege to file documents on the public record in violation of that confidentiality agreement. Business Court Rule 5 provides a ...

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Even though it was plaintiff’s defendant-spouse who, through artificial insemination, was impregnated by the defendant-donor’s sperm, since plaintiff was also bound by the contract – in which the donor agreed never to file an action to establish paternity of the ...

Tagged with: Contract

An employer can enforce an arbitration clause in an employment contract that waives any appellate review, the 4th U.S. Circuit Court of Appeals has ruled in a matter of first impression.  The April 8 decision allows employers to put clear ...

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  A retail chain referenced in a credit card agreement between a bank and the store’s customer can’t compel arbitration as a third-party beneficiary to the contract, the North Carolina Court of Appeals has unanimously ruled, the latest turn in ...

Tagged with: Arbitration Contract

  An Orange County family law attorney will finally be allowed to withdraw from a now-settled contract dispute after the North Carolina Court of Appeals ruled that the trial judge abused his discretion by denying her motion to withdrawal on ...

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Many businesses are trimming payrolls by converting employees into independent contractors, but a Nov. 20 opinion by the North Carolina Court of Appeals suggests that they may have a harder time leveraging the gig economy to rid themselves of legal ...

Tagged with: Contract