Diverse Networks v. Time Warner Entertainment-Advance/Newhouse Partnership Even though neither the complaint nor the answer makes any reference to the parties’ 2002 contract, their briefs discuss at length the terms and application of law to the 2002 contract as if it is the most important point of contention between the parties. The evidence and arguments presented by both parties have placed an unpleaded claim before the court.

Tagged with: Civil Practice Contract Negligent Misrepresentation Pleadings Amendment Quantum Meruit Unfair Trade Practices

Cobb v. Pennsylvania Life Insurance Co. The disability insurance policy provided to the plaintiff-landscaper explained that he would not be considered disabled if he could engage in “any employment”; since plaintiff had a duty to read the policy, he cannot prove that he reasonably relied on any alleged misrepresentation made by the defendant-insurance agent. We affirm summary judgment for defendants.

Tagged with: disability Insurance Negligent Misrepresentation Tort/Negligence

Barfield v. Matos Even though the seller mistakenly told the buyer that the land he was buying was not subject to any restrictions that would prevent him from farming the land, since the restrictive covenants on the land were filed with the Register of Deeds, the buyer’s reliance on the seller’s misrepresentation was not reasonable. We affirm summary judgment for the third-party defendants. We lack jurisdiction to consider the defendant/third-party plaintiff’s arguments related to the trial court’s grant of partial summary judgment for plaintiffs.

Tagged with: appeals Civil Practice Negligent Misrepresentation Real Property restrictive covenants Tort/Negligence

Songwooyarn Trading Co. v. Sox Eleven, Inc. Even though defendant Ahn was plaintiff’s employee, since he interfered in the relationship between separate companies, his actions were “in commerce” within the meaning of G.S. Chapter 75. We affirm a $1,022,041 judgment for plaintiff.

Tagged with: Labor & Employment Negligent Misrepresentation Tort/Negligence Unfair Trade Practices

Mauro v. Mooney. Even though the plaintiff-buyers contend the defendant-seller committed fraud and negligent misrepresentation as to the age of the house, renovations, structural deficiencies . . .

Tagged with: Fraud Henderson County Negligent Misrepresentation Purchase Real Property Tort/Negligence Unfair Trade Practices

Browne v. Thompson. (Lawyers Weekly No. 11-15-0255, 21 pp.) (John Jolly, J.) N.C. Bus. Ct. Click here for the full text of the opinion. Holding: In a case in which a bank purchased a mortgage company associated with risky loans, ...

Tagged with: Banks & Banking Negligent Misrepresentation

  Crockett Capital Corp. v. Inland American Winston Hotels, Inc. (Lawyers Weekly No. 11-15-0257, 51 pp.) (Judge Ben F. Tennille) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text of the opinion. Holding: The ...

Tagged with: Breach of Contract Constructive Fraud Contract Fraud Interference With Contract Negligent Misrepresentation summary judgment