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 ...

Tagged with: Contract

  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 ...

Tagged with: Contract

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

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 ...

Tagged with: Contract

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 ...

Tagged with: Contract

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. ...

Tagged with: Contract

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 ...

Tagged with: Contract