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 ...

Tagged with: Contract

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 ...

Tagged with: Contract

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