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Jun 10, 2021

Son awarded $60K in dispute over late mom’s sales commissions 

A Cabarrus County man has been awarded more than $60,000 in a dispute with his late mother’s boyfriend over a continuing stream of income from the mother’s residual sales commissions.  Elliot Fus of Blanco Tackabery in Winston-Salem reports that his client, Christopher Davis, sued to recover commissions on life insurance policies that’d been sold by his mother, […]

May 24, 2018

Trial judge, 4th Circuit gut multimillion-dollar jury award

A Georgia-based corporation that won $4.7 million in jury verdicts against a North Carolina company has watched the awards slowly dwindle all the way to the 4th U.S. Circuit Court of Appeals.

Dec 18, 2017

Tort/Negligence – Conversion – Computer Code & Trade Dress – No Deprivation

SQL Sentry, LLC v. ApexSQL, LLC (Lawyers Weekly No. 020-107-17, 7 pp.) (Adam Conrad, J.) 2017 NCBC 105 Holding: Although plaintiff alleges that defendant copied plaintiff’s computer code and trade dress, plaintiff has not alleged that defendant deprived plaintiff of the code or trade dress; consequently, plaintiff has not stated a claim for conversion. The […]

Jul 3, 2017

Tort/Negligence — Conversion – Computer Files – Copying & Deletion – Labor & Employment – Restrictive Covenants – Breach of Fiduciary Duty

  Addison Whitney, LLC v. Cashion (Lawyers Weekly No. 020-057-17, 19 pp.) (Adam Conrad, J.) 2017 NCBC 50 Holding: When defendants copied electronic information but did not delete the files, defendants did not convert the information because they did not deprive plaintiff of it. However, plaintiff alleges that two of the defendants deleted numerous documents […]

Jan 24, 2017

Tort/Negligence – Conversion – Constructive Trust – Down Payment & Mortgage – Election of Remedies

Levin v. Jacobson (Lawyers Weekly No. 020-001-17, 10 pp.) (Louis Bledsoe III, J.) 2016 NCBC 92 Holding: Even though the $188,000 that defendant Jacobson converted from plaintiffs constituted 79.4 percent of the cash paid at closing for land purchased by defendant Province Grande Olde Liberty, LLC (PGOL), since the purchase price also included a $6,456,000 […]

Nov 10, 2016

Tort/Negligence —  Conversion – Contract – Promissory Note – Deception

Makadia v. Continental Waste Management, LLC (Lawyers Weekly No. 002-033-16, 10 pp.) (James Fox, S.J.) 5:16-cv-00257; E.D.N.C. Holding: Where plaintiff lent money to defendants for a specific purpose – the purchase of two waste management plants in Illinois – and where defendants failed to purchase the plants but kept most of the loan proceeds, plaintiff […]

Aug 3, 2015

Contract — Unfair Trade Practices – Tort/Negligence – Conversion – NASCAR Team Sale – Landlord/Tenant

Swan Racing Co. v. XXXtreme Motorsport, LLC (Lawyers Weekly No. 15-04-0759, 11 pp.) (Richard Voorhees, J.) 5:14-cv-00155; W.D.N.C. Holding: Where plaintiff alleges that defendant XXXtreme Motorsport took plaintiff’s asset (its #30 car NASCAR team) without paying, stripped it of any of its value by transferring #30’s Sprint Cup Series points to XXXtreme’s #44 car, and […]

Jul 21, 2015

Tort/Negligence — Conversion – Unfair Trade Practices – Insurance Deductible – Condo Association Dues

Faucette v. 6303 Carmel Road, LLC (Lawyers Weekly No. 15-07-0723, 21 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. Holding: Even though the parties engaged in mediation and other negotiations, defendants did not unconditionally offer to return the money that admittedly belonged to plaintiff until years after this […]

Mar 6, 2015

Tort/Negligence — Conversion — Property Owners’ Association – Assessments – Breach of Fiduciary Duty– Unjust Enrichment

Progress Point One-B Condominium Association, Inc. v. Progress Point One Property Owners Association, Inc. (Lawyers Weekly No. 15-15-0211, 16 pp.) (Gregory McGuire, J.) 2015 NCBC 20 Holding: Plaintiff’s conversion claim is based on money it voluntarily paid to defendant, but plaintiff does not allege that it has made a demand or that defendant has refused […]

Jan 19, 2015

Tort/Negligence — Conversion – Unfair Trade Practices – Restaurant Grease – Recycling Containers – Competitors

Valley Proteins, Inc. v. Eco-Collection Systems, LLC (Lawyers Weekly No. 15-16-0063, 14 pp.) (Robert C. Hunter, J.) Appealed from Cumberland County Superior Court (Gary Trawick, J.) N.C. App. Unpub. Holding: Where defendant maintains that it gave plaintiff 60 days’ notice before towing away plaintiff’s recycling containers when defendant convinced a restaurant to switch to defendant’s [&hell[...]

Jun 13, 2012

Intellectual Property – Copyright Infringement – Predicate Act Doctrine – Civil Practice – Personal Jurisdiction – Tort/Negligence — Conversion

Tire Engineering & Distribution LLC v. Shandong Linglong Rubber Co. Ltd. The 4th Circuit upholds a $26 million verdict for a Florida-based designer and distributor of underground mining tires; the district court properly exercised personal jurisdiction over a company domiciled in the United Arab Emirates and a Chinese manufacturer who conspired in Virginia with a former employee of plaint[...]

Apr 16, 2012

Tort/Negligence – Conversion – Funds – Bona Fide Purchaser – Tracing Funds – Constructive Trust – No Fiduciary Relationship – Other Circumstances

Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC Where plaintiff claims the defendant-lender converted funds that plaintiff transferred to the defendant-borrower, the court holds that funds transferred electronically may be sufficiently identified through evidence of the specific source, specific amount, and specific destination of the funds in question.

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