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Punitive Damages

Feb 15, 2018

Verdict may set record for employment case punitives

A construction worker who was fired from his job working on a project in Charlotte—and physically assaulted by the project’s superintendent after complaining to management that the superintendent was drinking on the job—has won a $750,000 verdict against his former employer in federal court, attorneys for the worker report. Joshua Van Kampen, Sean Herrmann and […]

Aug 11, 2015

Civil Practice — Attorneys’ Fee Award – Punitive Damages Claim – Frivolous & Malicious – Apportionment

Philips v. Pitt County Memorial Hospital, Inc. (Lawyers Weekly No. 15-16-0786, 7 pp.) (Chris Dillon, J.) Appealed from Pitt County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: In support of his claim for punitive damages, plaintiff incorporated by reference all the allegations from his other claims, adding only that defendants acted with malice, […]

Apr 30, 2015

Tort/Negligence — Wrongful Death – Civil Practice – Discovery – Defendant’s Medical Records

Rasberry v. Jacobs (Lawyers Weekly No. 15-16-0384, 10 pp.) (Chris Dillon, J.) Appealed from Martin County Superior Court (Marvin Blount III, J.) N.C. App. Unpub. Holding: A key factual issue in this case is whether defendant Jacobs was under the influence of a drug at the time the tractor-trailer he was driving collided with plaintiff’s […]

Jan 5, 2015

Tort/Negligence — Defamation & Breach of Fiduciary Duty – Attorneys’ Fees – First Impression – Punitive Damages – Trusts & Estates

Lacey v. Kirk (Lawyers Weekly No. 15-07-0017, 50 pp.) (Sam Ervin IV, J.) Appealed from Alamance County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: The fact that plaintiffs received a large punitive damages award does not justify a reduction in the amount of attorneys’ fees awarded to them. We affirm the judgment in […]

Apr 15, 2013

Tort/Negligence – Breach of Fiduciary Duty Claim – Corporate – LLC – Minority Shareholder – Civil Practice – Motion to Reconsider

Blythe v. Bell : Based on the differences between corporations and limited liability companies, the court reaffirms its view that plaintiff may not proceed individually on a breach of fiduciary duty claim; instead, he must pursue that claim derivatively.

Sep 26, 2012

Bankruptcy – Automatic Stay – Willful Violation – Real Property – Mortgage Foreclosure – Misspelled Name – Punitive Damages

In re Gallo Despite having notice of the debtor’s bankruptcy, and despite notes in their own files about the misspelling of the debtor’s name, since the creditors’ software program failed to list the debtor’s name in a bankruptcy search result, the creditors continued their collection efforts against the debtor, going so far as to schedule a foreclosure.

Aug 8, 2012

Tort/Negligence – Punitive Damages — Civil Practice – Judges – Costs

Springs v. City of Charlotte Plaintiff presented evidence that defendant knew its bus driver had been involved in multiple preventable accidents but took no action beyond some counseling and an interview with him. Plaintiff’s evidence was sufficient to go to the jury on a claim for punitive damages.

Jun 14, 2012

Tort/Negligence – Negligent Misrepresentation Claim – Real Property – Appraisal — Indirect Reliance – Fraud – Punitive Damages

Abraham v. Jauregui In their negligent misrepresentation claim, the plaintiff-purchasers allege that, by relying on appraisal management company HomeFocus Services, LLC’s and Bank of America’s actions in approving plaintiffs’ loan applications, plaintiffs were also relying, albeit indirectly, upon the defendant-appraisers’ representations provided to HomeFocus and Bank of America,[...]

Apr 26, 2012

Tort/Negligence – Unfair Trade Practices – Malicious Prosecution – Obstruction of Justice – Champerty & Maintenance – Punitive Damages

Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs allege that, in support of a lawsuit brought against plaintiffs by a competitor, defendants lent money and provided free services to the competitor. Plaintiffs have failed to show how defendants’ alleged conduct falls within defendants’ regular business activities. Plaintiffs failed to allege that defendants’ acti[...]

Mar 29, 2012

Tort/Negligence – Wrongful Death – Motorcycle Accident – Tire Replacement – Evidence – Expert Witness – Related Corporations – Punitive Damages

Kingsley v. Brenda & Gene Lummus, Inc. Plaintiff’s expert identified four mechanisms by which her decedent’s motorcycle tire could have been punctured, and all four mechanisms were within defendant’s control when its employee replaced the tire shortly before the motorcycle was involved in a fatal accident.

Feb 17, 2012

Tort/Negligence – Unfair Trade Practices – Not in Commerce – Punitive Damages – Obstruction of Justice – Champerty & Maintenance

Security Credit Corp. v. Mid/East Acceptance Corp. of N.C. Plaintiffs’ unfair trade practices and punitive damages claims are based on defendants’ alleged champerty and maintenance. Since the champerty and maintenance were not part of defendants’ regular business, they were not “in commerce” within the meaning of G.S. § 75-1.1.

Nov 11, 2011

Labor & Employment – Contract — Covenants Not to Compete – Solicitation & Confidentiality – Tort/Negligence – Unfair Trade Practices – Punitive Damages

Akzo Nobel Coatings Inc. v. Rogers Although the restrictions in defendants’ Rogers’ and Taylor’s covenants not to compete are broad, since the covenants were entered into as part of a corporate buy-out, and since they are governed by Delaware law, the covenants survive defendants‘ motion for judgment on the pleadings.

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