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Contract – Cognovits Agreement – Subject-Matter Jurisdiction – Full Faith & Credit – Foreign Judgment
Gardner v. Tallmadge. (Lawyers Weekly 11-06-0358, 1 p.) (Linda Stephens, J.) Appealed from Rockingham County Superior Court. (L. Todd Burke, J.) On appeal from our Court of Appeals. N.C. S. Ct. Click here for the full text of the opinion. Holding: Where our Court of Appeals held, “Because an underlying cognovits agreement (the cognovits is […]
Partnership – Contract – Involuntary Termination – Covenant Not to Compete – Waiver Payments
Williams Overman Pierce, LLP v. Duncan (Lawyers Weekly No. 11-15-0369, 8 pp.) (James L. Gale, J.) N.C. Bus. Ct. Click here for the full text of the opinion. Holding: Pursuant to the parties’ settlement agreement, after being involuntarily terminated from the plaintiff-partnership, defendant can avoid the parties’ covenant not to compete if he pays the […]
Contract – Labor & Employment – Written Agreement – Forced Retirement Allegation
Tucker v. Fayetteville State University (Lawyers Weekly No. 11-16-0367, 5 pp.) (Sanford L. Steelman Jr., J.) Appealed from Cumberland County Superior Court. (E. Lynn Johnson, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Plaintiff alleged that he had a written employment contract with the defendant-university through June 30, 2010 […]
Contract – Driveway Construction – Relocation – Novation – Unlicensed Contractor
Wellikoff v. Progress Development Corp. (Lawyers Weekly No. 11-07-0350, 11 pp.) (Douglas McCullough, J.) Appealed from Henderson County Superior Court. (Dennis J. Winner, J.) N.C. App. Click here for the full text of the opinion. Holding: Even though the parties’ contract said it could only be amended in writing, there was a novation of the […]
Contract – Construction Project – Subcontractor – Change Orders & Delay Charges – Statute of Limitations – Prejudgment Interest
Cleveland Construction, Inc,. v. Ellis-Don Construction, Inc. Where the defendant-general contractor filed claims -- including the plaintiff-subcontractor's claims -- with the project owner and asked the . . .
Workers’ Compensation – Settlement Agreement – Release – Contract – Misrepresentation, Mistake or Fraud
Parlier v. Burke County EMS. (Lawyers Weekly No. 11-08-0318, 8 pp.) (Commissioner Staci T. Meyer) Appealed from Opinion & Award of Deputy Commissioner George R. Hall III. I.C. No. W37359. Holding: Plaintiff entered into a valid, binding settlement agreement covering both his injury and alleged re-injury. The agreement’s language clearly bars his right to any […]
Constitutional – Contract – Municipal – EMS Provider – ‘Stand Down’
Orange County Rescue Squad, Inc. v. County of Orange. (Lawyers Weekly No. 11-02-0322, 31 pp.) (William L. Osteen Jr., J.) M.D.N.C. Holding: Defendants stopped using the plaintiff EMS provider’s services. Plaintiffs’ allegations of a due process violation amount to no more than a breach-of-contract claim. Defendants’ motion to dismiss is granted as to plaintiffs’ federal [&h[...]
Civil Rights – Public Employees – Police Officers – Contract – Pension Fund
Crosby v. City of Gastonia. (Lawyers Weekly No. 11-01-0326, 20 pp.) (King, J.) No. 10-1153, March 10, 2011; USDC at Charlotte (Conrad, J.) 4th Cir. Click here for the full text of the opinion. Holding: Former city police officers do not have a civil rights claim against the city for breach of a contract to […]
Contract – Labor & Employment – Public Employees – Retirement – Taxation – Unvested Benefits
Pendergraph v. North Carolina Department of Revenue. (Lawyers Weekly No. 11-15-0302, 10 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Click here to read the full text of the opinion. Holding: The plaintiff-public employees’ retirement benefits had not yet vested when the General Assembly repealed the tax exemption on public-employee retirement benefits. Plaintiffs had […]
Contract – Paving Subcontract – Breach – Repudiation – Unequivocal
Weaver’s Asphalt & Maintenance Co., Inc. v. Williams. (Lawyers Weekly No. 11-16-0246, 13 pp.) (Cheri Beasley, J.) Appealed from the Nash County Superior Court. (Quentin T. Sumner, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court erred in finding that a subcontractor repudiated the agreement with the […]
Contract – Home Renovation – Breach of Contract – Price
Sutton v. Bender. (Lawyers Weekly No. 11-16-0245, 9 pp.) (J. Douglas McCullough, J.) Appealed from the Wake County District Court. (Jane P. Gray, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: A homeowner was entitled to approximately $74,000 in his breach-of-contract action against a contractor since the record clearly […]
Contract – Breach of Contract – Summary Judgment – Spa – Terms – Unfair Trade Practices
Hodges v. Young. Where the plaintiff sued a spa company manager for breach of contract after he discovered that a two-pump rather than a three-pump spa was installed, the District Court . . .
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