Quantcast

Tag Archives: Injunction

Labor & Employment – Contract – Covenant Not to Compete – Civil Practice – Preliminary Injunction – Overbroad (access required)

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 the covenant not to compete as it relates to defendant’s new job for a competitor in Nevada.

Read More »

Contract – Breach – Remedies – Injunction (access required)

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 party, discretionary review was improvidently allowed.

Read More »

Administrative – Appeals — Medicaid – Coverage Calculation – Injunction (access required)

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 and remand with instructions to dismiss the contested case for mootness.

Read More »

Tort/Negligence – Real Property – Trespass – Declaratory Judgment – Neighbors’ Fence – Across Property Line – Remedies – Injunction – Removal (access required)

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.

Read More »

Real Property – Homeowners’ Association – Injunction – Improvement – Modification of Improvement – Repair – Restrictions (access required)

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 . . .

Read More »

Real Property – Mortgages – Foreclosure – Injunction – ‘Application’ – TRO or Preliminary Injunction (access required)

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 . . .

Read More »

Contract – Breach – Remedies – Injunction (access required)

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.

Read More »

Real Property – Interlocutory Appeal – Restrictive Covenants – Injunction (access required)

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 ...

Read More »