Hance v. First-Citizens Bank & Trust Co. (Lawyers Weekly No. 15-16-0694, 14 pp.) (Martha Geer, J.) Appealed from Union County Superior Court (Christopher Bragg & Joseph Crosswhite, JJ.) N.C. App. Unpub. Holding: Most of plaintiff’s claims were dismissed on defendants’ ...

Tagged with: Constructive Fraud Equitable Estoppel

Okitenbo v. Charlotte Mecklenburg Schools Where the complaint does not plead equitable estoppel, and where the record on appeal does not indicate that plaintiff raised the issue of equitable estoppel in opposition to defendant’s motion to dismiss (which argued that plaintiff’s claims were time-barred), plaintiff may not raise the issue of equitable estoppel for the first time on appeal.

Tagged with: Equitable Estoppel

Erichsen v. RBC Capital Markets, LLC Even though neither defendant nor its predecessor signed the risk disclosure statement (RDS) that contains the arbitration clause at issue, since plaintiff signed the RDS, and since plaintiff’s claims are based on the RDS, defendant may enforce the arbitration clause. Defendant’s motion to compel arbitration is granted.

Tagged with: Arbitration Equitable Estoppel motion to compel

Rink & Robinson, PLLC v. Catawba Valley Enterprises, LLC Even though the parties’ contracts set a one-year period for asserting claims, the plaintiff-accounting firm showed that defendants asked for more time, assuring plaintiff that it would be paid. In this situation, the trial court correctly found that defendants were estopped from asserting that plaintiff’s claims were untimely.

Tagged with: Civil Practice Contract Equitable Estoppel Pleadings Amendment

Carter v. TD Ameritrade Holding Corp. Investors whose accounts are transferred without their assent manifested their approval of the transfer by accepting the tax benefits and administrative services provided and by failing to repudiate the accounts. The investors are also bound by a mandatory arbitration agreement clause, and estopped from trying to enforce the parts of the contract which benefit them, while trying to avoid the parts of the contract they believe will not.

Tagged with: Contract Equitable Estoppel

Clark v. Chavis Plaintiff’s own testimony supports the Industrial Commission’s finding that defendant did nothing to induce plaintiff to believe anything about the availability of workers’ compensation coverage: plaintiff admitted that (1) he never asked defendant whether he should file a workers’ comp claim, (2) defendant never provided any advice to him as to how long he had to file a workers’ comp claim, (3) defendant did not discourage him from filing a workers’ comp claim, and (4) plaintiff had been continuously represented by counsel since shortly after the accident.

Tagged with: Equitable Estoppel Insurance Workers’ Compensation

Mitchell, Brewer, Richardson, Adams, Burge & Boughman PLLC v. Brewer (Lawyers Weekly No. 11-07-0118, 38 pp.) (Donna S. Stroud, J.) Appealed from Special Superior Court for Complex Business Cases, Cumberland County (John R. Jolly Jr., J.) N.C. App. Click here ...

Tagged with: Attorneys Cumberland County Equitable Estoppel

Bankruptcy - Priority - Purchase- Money Mortgage - Materialman's Lien - Equitable Estoppel

Tagged with: Bankruptcy Equitable Estoppel Materialman's Lien mortgage Purchase Real Property