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 ...

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The defendant-physician’s unfair trade practices counterclaim arises from the parties’ negotiations regarding a business arrangement. Although this business arrangement was between a physician and a hospital, the negotiations were not “professional services rendered by a member of a learned profession” ...

Tagged with: Contract first impression Unfair Trade Practices

The trial court’s orders make clear that the court had no authority to amend the parties’ separation agreement, which was never incorporated into a court order. The court merely exercised its authority to order specific performance in the amount defendant ...

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The plaintiff-borrower cannot prevail on her claim that the defendant-lenders breached a loan modification agreement. Her complaint shows the agreement was not in effect because she failed to make a time-is-of-the-essence payment that was due by Oct. 1, 2012. We ...

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The parties’ franchise agreement prohibits defendant Salinas – the former franchisee – from using plaintiff’s name but not from competing with plaintiff or soliciting customers. The court grants in part and denies in part plaintiff’s motion for a preliminary injunction. ...

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The record in this case is too sparse for adequate judicial review and provides an insufficient basis upon which to create binding precedent. We note that appellants have not challenged any of the trial court’s findings of fact, and we ...

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Badin Shores Resort Owners Association, Inc. v. Handy Sanitary District (Lawyers Weekly No. 011-027-18, 28 pp.) (Valerie Zachary, J.) Appealed from Montgomery County Superior Court (Edwin Wilson Jr., J.) N.C. App. Holding: Despite the lack of a final permit from ...

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Jiangmen Kinwai Furniture Decoration Co. v. IHFC Properties, LLC (Lawyers Weekly No. 003-004-18, 8 pp.) (Carlton Tilley Jr., S.J.) 1:14-cv-00689; M.D.N.C. Holding: Where the parties agreed that “amounts not paid [the defendant-landlord] when due will bear interest on the unpaid ...

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Beam Construction Co. v. Allied World Specialty Insurance, Inc. (Lawyers Weekly No. 004-028-17, 11 pp.) (Frank Whitney, C.J.) 3:17-cv-00420; W.D.N.C. Holding: A subcontractor failed to perform its contractual obligations. When the defendant-surety, which provided a performance bond for the defaulting ...

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W4 Farms, Inc. v. Tyson Farms, Inc. (Lawyers Weekly No. 020-101-17, 11 pp.) (Michael Robinson, J.) 2017 NCBC 97 Holding: The court’s order granting in part and denying in part defendants’ motion to dismiss did not address whether the parties’ ...

Tagged with: Contract