The defendant-physician’s unfair trade practices counterclaim arises from the parties’ negotiations regarding a business arrangement. Although this business arrangement was between a physician and a hospital, the negotiations were not “professional services rendered by a member of a learned profession” ...

Tagged with: Contract first impression Unfair Trade Practices

Defendant is a first descendant of an enrolled member of the Eastern Band of Cherokee Indians; however, (with an Indian blood quantum of only 11/256) defendant is not eligible to enroll in the tribe; moreover, he is not entitled to ...

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The complaint’s description of plaintiffs’ trade secrets only as their “original ideas and concepts for dance productions, marketing strategies and tactics, as well as student, client and customer lists and their contact information” is insufficiently particular so as to enable ...

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In re Arbitration between Shepherd v. LPL Financial LLC (In re Subpoenas to Albert) (Lawyers Weekly No. 002-048-17, 11 pp.) (Robert Jones Jr., USMJ) 5:17-cv-00150; E.D.N.C. Holding: The court follows the Ninth Circuit’s lead and says post-award discovery into arbitrator ...

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AP Atlantic, Inc. v. Crescent University City Venture, LLC (Lawyers Weekly No. 020-095-17, 17 pp.) (Louis Bledsoe III, J.) 2017 NCBC 91 Holding: Even though defendant merely amended its pleading to remove one of its counterclaims that the parties had ...

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New Friendship Used Clothing Collection, LLC v. Katz (Lawyers Weekly No. 020-078-17, 43 pp.) (Michael Robinson, J.) 2017 NCBC 71 Holding: Defendant Katz waited until after filing his answer to file his Rule 12(b)(6) motion to dismiss; accordingly, his motion ...

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Morris v. Scenera Research, LLC (Lawyers Weekly No. 020-054-17, 47 pp.) (James Gale, C.J.) 2017 NCBC 47 Holding: Although there has been no North Carolina appellate court ruling on whether the attorneys’ fee provisions of the Wage and Hour Act ...

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Thompson v. International Paper Co. (Lawyers Weekly No. 011-032-17, 22 pp.) (Donna Stroud, J.) Appealed from the Industrial Commission. N.C. App. Holding: G.S. § 97-2(19) has been amended to require a prescription for attendant care services; however, the statute does ...

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White v. Hyde (Lawyers Weekly No, 020-067-16, 22 pp.) (Michael Robinson, J.) 2016 NCBC 72 Holding: Plaintiff’s complaint may be construed to allege a double derivative action on behalf of defendant Hyde-HP Properties, LLC (Hyde-HP) – of which plaintiff is ...

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Bentley v. Jonathan Piner Construction (Lawyers Weekly No. 011-316-16, 9 pp.) (Linda McGee, C.J.) Appealed from the Industrial Commission. N.C. App. Holding: Since G.S. § 97-84 refers to “deputy” only in the singular, the same deputy commissioner must handle a ...

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