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Apr 18, 2011

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 […]

Apr 18, 2011

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 […]

Apr 18, 2011

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 […]

Apr 8, 2011

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 […]

Apr 6, 2011

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 . . .

Apr 1, 2011

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 […]

Apr 1, 2011

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[...]

Apr 1, 2011

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 […]

Mar 25, 2011

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 […]

Mar 10, 2011

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 […]

Mar 10, 2011

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 […]

Mar 10, 2011

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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