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Feb 6, 2018

Public Utilities – Contract – Rate Increase – ‘Online & Operational’

Badin Shores Resort Owners Association, Inc. v. Handy Sanitary District (Lawyers Weekly No. 011-027-18, 28 pp.) (Valerie Zachary, J.) Appealed from Montgomery County Superior Court (Edwin Wilson Jr., J.) N.C. App. Holding: Despite the lack of a final permit from the Department of Environment and Natural Resources, when the defendant-sanitary district increased its fee rates, […]

Jan 30, 2018

Civil Practice – Contract – Prejudgment Interest – Landlord/Tenant – Real Property Transfer

Jiangmen Kinwai Furniture Decoration Co. v. IHFC Properties, LLC (Lawyers Weekly No. 003-004-18, 8 pp.) (Carlton Tilley Jr., S.J.) 1:14-cv-00689; M.D.N.C. Holding: Where the parties agreed that “amounts not paid [the defendant-landlord] when due will bear interest on the unpaid balance at the lower rate of one and one-half percent per month or the maximum […]

Nov 15, 2017

Tort/Negligence – Fraud & Unfair Trade Practices Claims – Contract – Subcontractor’s Surety

Beam Construction Co. v. Allied World Specialty Insurance, Inc. (Lawyers Weekly No. 004-028-17, 11 pp.) (Frank Whitney, C.J.) 3:17-cv-00420; W.D.N.C. Holding: A subcontractor failed to perform its contractual obligations. When the defendant-surety, which provided a performance bond for the defaulting subcontractor, told the plaintiff-general contractor that plaintiff “should complete the work le[...]

Oct 24, 2017

Civil Practice – Motion to Reconsider – Contract – Goods & Services – Old & New Arguments

W4 Farms, Inc. v. Tyson Farms, Inc. (Lawyers Weekly No. 020-101-17, 11 pp.) (Michael Robinson, J.) 2017 NCBC 97 Holding: The court’s order granting in part and denying in part defendants’ motion to dismiss did not address whether the parties’ Broiler Production Contract is a contract for goods or services because such a determination was […]

Oct 16, 2017

Tort/Negligence – Unfair Trade Practices – Contract – Business Sale – Earnout Amount

Post v. Avita Drugs, LLC (Lawyers Weekly No. 020-097-17, 15 pp.) (Adam Conrad, J.) 2017 NCBC 93 Holding: The contract for the sale of plaintiff’s business to defendant contemplated the very issues the parties now raise in relation to the earnout amount payable by defendant one year after the sale. The terms of the contract, […]

Sep 6, 2017

Workers’ Compensation – Average Weekly Wage – 36-Week Annual Contracts – Symphony Violist – Method Five

Frank v. Charlotte Symphony (Lawyers Weekly No. 011-264-17, 15 pp.) (John Tyson, J.) Appealed from the Industrial Commission. N.C. App. Holding: The plaintiff-violist’s annual contracts with the defendant-symphony only covered 36 weeks of each year. With regard to choosing one of G.S. § 97-2(5)’s methods for calculating her average weekly wage, plaintiff’s situation more closely […]

Aug 30, 2017

Real Property – Contract – Loan Modification – Trial Period Plan

Moore v. Seterus, Inc. (Lawyers Weekly No. 002-040-17, 13 pp.) (Louise Flanagan, J.) 4:16-cv-00293; E.D.N.C. Holding: The defendant-loan administrator’s “Trial Period Plan” (TPP) offered to refrain from initiating foreclosure proceedings during a three-month trial period upon receipt of timely $1,529.55 payments and – upon receipt of all three timely $1,529.55 payments – to tender a [&he[...]

Aug 30, 2017

Civil Practice – Subject Matter Jurisdiction – Breach of Contract – Damages Amount – Tucker Act

Goins v. Speer (Lawyers Weekly No. 002-038-17, 11 pp.) (James Dever III, C.J.) 4:16-cv-00048; E.D.N.C. Holding: Where plaintiff seeks $58,000 for the U.S. Army’s alleged breach of the parties’ 2004 settlement agreement, this court lacks subject matter jurisdiction over plaintiff’s claim. Under the Tucker Act, contract claims against the government for amounts exceeding $10,000 must […[...]

Aug 9, 2017

Civil Practice – Rule 60 – Contract – Liquidated Damages – DOT Project

Vecellio & Grogan, Inc. v. North Carolina Department of Transportation (Lawyers Weekly No. 012-127-17, 12 pp.) (Donna Stroud, J.) Appealed from Wake County Superior Court (Donald Stephens, J.) N.C. App. Unpub. Holding: The trial court’s unappealed judgment awarded defendant $630,000 in liquidated damages for project delays attributed to plaintiff, but the judgment did not mention […]

Jul 13, 2017

Labor & Employment – Severance Agreement – Contract Acceptance – Derivative Action – Demand Futility

Edwards v. PFA Architects, P.A. (Lawyers Weekly No. 020-062-17, 15 pp.) (Michael Robinson, J.) 2017 NCBC 55 Holding: Plaintiff’s employment contract provided that, upon plaintiff’s retirement, defendant PFA Architects, P.A., would, if economically feasible, provide severance benefits to plaintiff. While PFA may not have been required to agree to the proposed severance package under the [&helli[...]

Jul 11, 2017

Arbitration – Contract – Agency – Rehabilitation Center – Admission Forms – Responsible Party

McLaurin v. Medical Facilities of North Carolina, Inc. (Lawyers Weekly No. 012-109-17, 13 pp.) (Robert Hunter Jr., J.) Appealed from Cumberland County Superior Court (Gale Adams, J.) N.C. App. Unpub. Holding: Defendants made no showing that plaintiff – who checked her mother in at defendants’ rehabilitation facility and agreed to be financially responsible – had […]

Jul 11, 2017

Real Property – Contract – Guaranty – Civil Practice – Evidence – Credibility – Banks & Banking – Attorneys

GECMC 2006-C1 Carrington Oaks, LLC v. Weiss (Lawyers Weekly No. 012-105-17, 14 pp.) (Lucy Inman, J.) Appealed from Mecklenburg County Superior Court (Lisa Bell, J.) N.C. App. Unpub. Holding: Although the defendant-real estate developer testified that he often signed signature pages while they were not attached to the relevant documents, he also testified that he […]

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