Where the complaint alleges that the defendant-employer and the defendant-supervisor negligently pushed plaintiff to achieve full-time goals while she was working part-time, leading to a relapse of her mental illness, plaintiff’s claim may be brought only as a workers’ compensation ...

Tagged with: Labor & Employment

In this lawsuit arising from a failed business venture, plaintiff’s claim of breach of fiduciary duty fails because the parties’ purported partnership was subsumed into their limited liability company. The parties’ cross-motions for summary judgment are granted in part and ...

Tagged with: Labor & Employment

Where the defendant-town did not plead governmental immunity as an affirmative defense or move to dismiss on this basis, the trial court erred when it relied solely or primarily on governmental immunity to grant the town’s motion for a directed ...

Tagged with: Labor & Employment

An email chain between the parties’ counsel is the basis for their dispute over whether plaintiff agreed to pay defendant Sabatino $16,000 for several internet domain names. Plaintiff’s counsel made clear in her first email that defendant Barnett-Sabatino’s return of ...

Tagged with: Labor & Employment

Duo-Fast Carolinas Inc. v. Scott’s Hill Hardware & Supply Co. Inc. (Lawyers Weekly No. 020-006-18, 34 pp.) (Gregory P. McGuire, J.) 2018 NCBC 2 Holding:  Upon cross-motions for summary judgment in an action seeking enforcement of a covenant not to ...

Tagged with: Labor & Employment

Dillard v. Dolgen Corp. LLC (Lawyers Weekly No. 003-022-17, 8 pp.) (Joi Elizabeth Peake, USMJ) 1:17-cv-0012; M.D.N.C. Holding: Even though the opt-out period for the arbitration agreement in the parties’ employment contract was only 30 days, and even though plaintiff ...

Tagged with: Labor & Employment

Ehmann v. Medflow, Inc. (Lawyers Weekly No. 020-092-17, 48 pp.) (James Gale, C.J.) 2017 NCBC 86 Holding: Even though the defendant-corporation had different ownership when the plaintiff-officers and director negotiated – among themselves – employment contracts that provided them with ...

Tagged with: Labor & Employment

Van Gilder v. Novus Technologies, Inc. (Lawyers Weekly No. 020-053-17, 5 pp.) (James Gale, C.J.) 2017 NCBC 45 Holding: An employment case involving a restrictive covenant, without more – such as antitrust or trade secrets – is not properly designated ...

Tagged with: Labor & Employment

City of Asheville v. Frost (Lawyers Weekly No. 011-138-17, 19 pp.) (Wanda Bryant, J.) (Richard Dietz, J., concurring) (Robert Hunter Jr., J., dissenting) Appealed from Buncombe County Superior Court (William Coward, J.) N.C. App. Holding: Where N.C. Session Law 2009-401, ...

Tagged with: Labor & Employment

Rountree v. Chowan County (Lawyers Weekly No. 011-066-17, 16 pp.) (Rick Elmore, J.) Appealed from Chowan County Superior Court (J. Carlton Cole, J.) N.C. App. Holding: Even if the defendant-county’s manager had – and breached – a duty of care ...

Tagged with: Labor & Employment