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Civil Practice – Preliminary Injunction – Corporate President – Ordinary Business – Voting Shares
Richardson v. Kellar (Lawyers Weekly No. 020-057-16, 18 pp.) (Gregory McGuire, J.) 2016 NCBC 60 Holding: The stated purpose of the nominal defendant-limited liability company is the design, production and sale of certain medical devices. Since the defendant-president has only the “customary” duties of a corporate president, voting the LLC’s shares in another company does […]
Labor & Employment – Contract – Covenant Not to Compete – Overbroad – Sales Rep – Any Capacity
CopyPro, Inc. v. Musgrove (Lawyers Weekly No. 14-07-0105, 19 pp.) (Sam Ervin IV, J.) Appealed from Pitt County Superior Court (Thomas D. Haigwood, J.) N.C. App. Holding: Where the covenant not to compete in the parties’ employment agreement bars the defendant-sales representative from working for any of plaintiff’s competitors in any capacity – even as […]
Labor & Employment – Contract – Covenant Not to Compete – Civil Practice – Preliminary Injunction – Overbroad
Moonracer, Inc. v. Collard Although plaintiff’s business is an online one, plaintiff has not shown that a nationwide covenant not to compete is necessary in order for plaintiff to maintain its customers. Furthermore, the skills that defendant used while working for plaintiff – cold calling and selling a service product – were not sufficiently specialized to warrant enforcement of t[...]
Contract – Breach – Remedies – Injunction
Crosland Ardrey Woods, LLC v. Beazer Homes Corp. Where our Court of Appeals held, Where a contract did not expressly limit remedies available to an aggrieved party upon breach of the contract, the trial court did not err in granting injunctive relief. Prospective damages were unascertainable, and the contract expressly allowed for retention of an earnest money deposit by the aggrieved par[...]
Administrative – Appeals — Medicaid – Coverage Calculation – Injunction
Association for Home & Hospice Care v. Division of Medical Assistance Petitioner challenged a new methodology for calculating coverage under the PCS Medicaid program, and the administrative law judge preliminarily enjoined the respondent-agency from implementing the same. Since the General Assembly has discontinued the PCS Medicaid program, we vacate the superior court’s decision an[...]
Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal
Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.
Real Property – Homeowners’ Association – Injunction – Improvement – Modification of Improvement – Repair – Restrictions
Wills Grove Homeowners Association v. Yaeckel. Because the construction of an extension of her home's foundation constituted a repair, and not an improvement or a modification of an improvement, the defendant did not need the homeowners . . .
Real Property – Mortgages – Foreclosure – Injunction – ‘Application’ – TRO or Preliminary Injunction
Goad v. Chase Home Finance, LLC. In order to have a foreclosure sale enjoined pursuant to G.S. § 45-21.34, a plaintiff must not only file an application with the clerk of court but also obtain injunctive relief before the rights of the parties to the sale . . .
Contract – Breach – Remedies – Injunction
Crosland Ardrey Woods, LLC v. Beazer Homes Corp. Where a contract did not expressly limit remedies available to an aggrieved party upon breach of the contract, the trial court did not err in granting injunctive relief. Prospective damages were unascertainable, and the contract expressly allowed for retention of an earnest money deposit by the aggrieved party.
Real Property – Interlocutory Appeal – Restrictive Covenants – Injunction
Barfield v. Matos. (Lawyers Weekly No. 10-16-0761, 11 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Robert C. Ervin, J.) N.C. App. Unpub. Holding: A permanent injunction in a case involving restrictive covenants on real estate is interlocutory and does not meet the exceptions under which an interlocutory order is subject to appeal. […]
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