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Contract – Limited Partnership Agreement – Successor in Interest – Breach of Contract – Breach of Implied Covenant of Good Faith and Fair Dealing
Transactions did not violate a Limited Partnership Agreement, as defendant Cumberland County Hospital System did not become a successor in interest to a limited partner. Plaintiff’s motion for summary judgment denied and defendants’ motion for summary judgment granted. This action involved a limited partnership dispute relating to Fayetteville Ambulatory Surgery Center Limited Partnership, whi[...]
Contract – Federal Arbitration Act – Interstate Commerce – Forum-Selection Clause – Arbitration Agreement
The trial court must apply the applicable federal or state law to the arbitration provision of the parties’ contract. We vacate and remand this case to the trial court for additional findings of fact as to whether the parties’ contract evidences a transaction involving interstate commerce and whether the Federal Arbitration Act applies to the […]
Contract – Quiet Title – Operating Agreement – Interpretation of Deeds
Company presented enough evidence to establish a genuine issue of material fact in action over its creation, ownership, and management. Defendants’ motion for summary judgment denied. This action arose out of disputes concerning the creation, ownership, and management of plaintiff Mary Annette LLC. Defendants moved for summary judgment on their counterclaim that sought to quiet […]
Contract – Breach of Contract – Child Support – Separation Agreement
The trial court properly dismissed plaintiff wife’s claim for breach of contract as concerns the parties’ son’s future college expenses; accordingly, we affirm the court’s order as to this provision. Regarding the issues of child support, health insurance, and uninsured medical expenses, however, the trial court erred in dismissing wife’s claim for breach of contract, […]
Contract – Public Records Act – Third-Party Possession – Constructive Possession
The question of whether records held solely by Ernst & Young (EY) as part of the contract between defendant City of Charlotte and EY are subject to the Public Records Act is not moot. Reversed and remanded. Plaintiff Gray Media LLC asked the court to consider whether records held by a third party are subject […]
Contract – Breach of Fiduciary Duty – Breach of Contract – Shareholders’ Agreement – Majority Shareholders – Minority Shareholders
This action concerned a dispute among family members over the management and future direction of a family business. We addressed the scope of the fiduciary duty owed by majority shareholders to minority shareholders in the context of a close corporation and untangled the parties’ web of contentions and finger-pointing regarding the breakdown in the process […]
Contract – Interior Design – Tort/Negligence – Fraud & Negligent Misrepresentation – Attorney’s Fees
The plaintiff-homeowners alleged that they entered into an oral contract with the defendant-interior designer, the “material terms” of which were (1) “Defendant had access to high-end and designer home furnishings at a price-point not available to the general public, nor Plaintiff[s,]” and (2) “Defendant agreed to purchase this caliber of items for Plaintiffs’ Home.” This […]
Contract – Severability – Main Purpose – Tort/Negligence – Fraud – Reasonable Reliance – Remedies
The express “main purpose” of the parties’ memorandum of understanding (MOU) was “to protect the best interests of the policyholders” of the plaintiff-insurance companies and “in so doing, the parties also intend to increase the long-term equity value of the [defendant-companies], so long as it is consistent with the protection of the best interests of […]
Contract – Wage & Hour Act – LLC – Unjust Enrichment
The North Carolina Wage and Hour Act defines an “employee” as “any individual employed by an employer.” G.S. § 95-25.2(4). Plaintiff, as a limited liability corporation, is not an individual, so it cannot be considered an “employee” entitled to the protection of the Wage and Hour Act. We affirm the trial court’s dismissal of plaintiff’s […]
Contract – Asset Sale – Covenant Not to Compete – Business Cessation
Plaintiff’s purchase of defendants’ assets included a purchase of defendants’ good will and defendant Douglas Bowen’s covenant not to compete. It is true that plaintiff was eventually unable to find a location suitable to conduct business and began to sell off assets; however, it was during the same time frame that Bowen was referring his […]
Contract – Settlement Agreement – Civil Practice – Summary Judgment
The parties’ settlement agreement required defendant to purchase certain real property by 1 December 2019 or within a reasonable time thereafter, paying an additional $1,500 in rent for each month after 1 December 2019. In support of plaintiff’s 2 October 2020 motion to enforce the settlement agreement, plaintiff filed an affidavit showing defendant had failed […]
Contract – Conditional Sale – Landlord’s Lien – Tort/Negligence – Conversion Claim
After plaintiff stopped recycling fiberglass, it transferred some of its recycling equipment to Ferguson Fibers in exchange for Ferguson’s promise to pay installments totaling $300,000. Even though plaintiff promised to give Ferguson a bill of sale only upon payment of the entire $300,000, plaintiff’s arrangement with Ferguson was a conditional sale and not a lease. […]
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