Security National Investments, Inc. v. Rice (Lawyers Weekly No. 012-224-16, 18 pp.) (Wanda Bryant, J.) Appealed from Cumberland County Superior Court (Mary Ann Tally, J.) N.C. App. Unpub. Holding: With the removal of a sentence prohibiting the defendant-hairstylist from competing ...

Tagged with: Covenant Not to Compete

TSG Finishing LLC v. Bollinger (Lawyers Weekly No. 020-061-16, 14 pp.) (Michael Robinson, J.) 2016 NCBC 65 Holding: Even though defendant’s employment contract didn’t include an assignment clause and the assets of defendant’s employer were transferred to plaintiff, since the ...

Tagged with: Covenant Not to Compete

Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC (Lawyers Weekly No. 010-012-16, 14 pp.) (Robert Edmunds Jr., J.) Appealed from Iredell County Superior Court (A. Robinson Hassell, J.) On appeal from the Court of Appeals. N.C. S. ...

Tagged with: Covenant Not to Compete

Campbell Oil Co. v. AmeriGas Propane, LP (Lawyers Weekly No. 020-007-16, 36 pp.) (Gregory McGuire, J.) 2016 NCBC 5 Holding: In this case involving the sale of a propane gas business, the 100-mile radius in the parties’ non-compete provision is ...

Tagged with: Covenant Not to Compete

AmeriGas Propane, L.P. v. Coffey (Lawyers Weekly No. 15-15-1000, 24 pp.) (Louis Bledsoe III, J.) 2015 NCBC 93 Holding: Where plaintiffs’ merger with defendant Coffey’s former employer was accomplished through an equity purchase (not through an asset purchase), and where ...

Tagged with: Covenant Not to Compete

I-Minerals USA, Inc. v. Zielke (Lawyers Weekly No. 15-04-0898, 14 pp.) (Max Cogburn Jr., J.) 1:15-cv-00094; W.D.N.C. Holding: In support of their malicious prosecution claim, plaintiffs allege that defendants in this case read a few sentences in a press release ...

Tagged with: Covenant Not to Compete

Evo Corp. v. Poling (Lawyers Weekly No. 15-15-0833, 14 pp.) (James Gale, C.J.) 2015 NCBC 80 Holding: A covenant not to compete’s geographic restriction is unreasonable because it prohibits defendant from competing with plaintiff within a fifty-mile radius of any ...

Tagged with: Covenant Not to Compete

Kinston Medical Specialists, P.A. v. Bundle (Lawyers Weekly No. 15-15-0431, 9 pp.) (Gregory McGuire, J.) 2015 NCBC 45 Holding: Although defendant Bundle only worked for plaintiff in Onslow County, and although plaintiff only has locations in Onslow and Lenoir Counties, ...

Tagged with: Covenant Not to Compete

Investors Trust Co. v. Whitlock (Lawyers Weekly No. 15-15-0429, 14 pp.) (James Gale, C.J.) 2015 NCBC 43 Holding: Even though defendant’s covenant not to compete said the covenant could be assigned if defendant were given written notice, this was not ...

Tagged with: Covenant Not to Compete

Moonracer, Inc. v. Collard (Lawyers Weekly No. 15-02-0285, 14 pp.) (Terrence Boyle, J.) 5:13-cv-00455; E.D.N.C. Holding: When defendant Collard was employed by plaintiff, he signed notices that, if his employment were terminated, he would forfeit unused vacation and commissions that ...

Tagged with: Covenant Not to Compete Wage & Hour Act