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 ...

Tagged with: Injunction

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 ...

Tagged with: Injunction

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.

Tagged with: 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 party, discretionary review was improvidently allowed.

Tagged with: Breach Contract Injunction Remedies

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.

Tagged with: Administrative appeals Injunction Medicaid

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.

Tagged with: Declaratory Judgment Injunction Real Property Remedies Removal Tort/Negligence trespass

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 . . .

Tagged with: Homeowners' Association Injunction Real Property Wake County

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 . . .

Tagged with: Brunswick County foreclosure Injunction mortgage preliminary injunction Real Property

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.

Tagged with: Breach Contract Injunction Mecklenburg County Remedies

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 ...

Tagged with: Injunction Interlocutory Appeal Mecklenburg County Real Property restrictive covenants