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.

Tagged with: Obstruction of Justice Punitive Damages Tort/Negligence Unfair Trade Practices

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.

Tagged with: Punitive Damages Tort/Negligence Unfair Trade Practices

When Jack Tuttle bought a tree-mulching machine for his land-clearing business in 2005, and had nothing but problems with it, he sought to return the machine and get his $300,000 back. He tried negotiating with the company, South Carolina-based Gyro-Trac, but to no avail, so he hired Charleston attorney Robert Lowe to help him. Three years later and on the eve of trial, Tuttle was still out his $300,000, plus an additional $665,000 he’d paid his attorney to get his case to that point. Tapped out after borrowing from family, mortgaging his house and maxing out his credit cards, Tuttle took the only step he thought he had left: He settled the case. Of the $700,000 settlement, Tuttle got $198,000 and Lowe got $261,000. The remaining $241,000 is likely uncollectible, since Gyro-Trac filed bankruptcy. Matt Yelverton (pictured) served as one Tuttle’s attorneys.

Tagged with: Punitive Damages standard of care

The S.C. Court of Appeals has upheld a $1.5 million punitive damages award against Bank of America after a Williamsburg County jury found the bank negligent for allowing a boy’s aunt to misappropriate life insurance proceeds from his father’s estate. Cody Powell stood to receive $252,000 in life insurance proceeds after his father’s death. The money was to be held in a conservatorship account overseen by his aunt and uncle. But Cody’s aunt, Karen P. Unrue, transferred money from an account she set up for Cody at Bank of America into her personal checking account. Cody’s guardian brought suit on his behalf against Unrue, his uncle Travis Powell and Bank of America. A Williamsburg County jury awarded Cody $205,735 in actual damages and $1,583,000 in punitive damages against the bank.

Tagged with: Punitive Damages

A lender that repeatedly entered a couple's property despite the fact that an automatic stay had been imposed during bankruptcy proceedings has been sanctioned for the violation. The sanction came in In re Sands, a matter in the U.S. Bankruptcy Court for the Middle District of North Carolina. HSBC bank was ordered to pay the Sands' $1,200 in attorney's fees incurred when Winston-Salem attorney Kristen S. Nardone brought the motion for sanctions and appeared at two hearings on the motion.

Tagged with: attorney's fees Automatic Stay Punitive Damages U.S. Bankruptcy Court

George v. Greyhound Lines, Inc. (Lawyers Weekly No. 11-07-0269, 19 pp.) (Linda Stephens, J.) Appealed from Wilson County Superior Court. (Milton F. Fitch Jr., J.) N.C. App. Click here for the full text of the opinion. Holding: A bus driver’s ...

Tagged with: Punitive Damages Tort/Negligence Wilson County

Springs v. City of Charlotte. Even though there was conflicting evidence as to whether plaintiff's permanent injuries were caused by the accident or by her multiple sclerosis (or the treatments for her MS), plaintiff presented sufficient . . .

Tagged with: Causation Costs directed verdict Expert Witness Fees JNOV Mecklenburg County Punitive Damages Tort/Negligence

The elderly plaintiff gave her power of attorney to the defendant, who offered to assist plaintiff with her care and the handling of her finances. The defendant, with her co-defendants, defrauded the plaintiff over a two-year period by: self-dealing with ...

Tagged with: Breach of Fiduciary Duty Constructive Fraud Forsyth County Fraud Punitive Damages

 Springs v. City of Charlotte. (Lawyers Weekly No. 10-07-1095, 21 pp.) (Martha A. Geer, J.) Appealed from Mecklenburg County Superior Court. (Timothy L. Patti, J.) N.C. App. Click here for the full text of the opinion. Holdings:  (1) Even though ...

Tagged with: Causation Costs directed verdict Expert Witness Fees JNOV Mecklenburg County Punitive Damages Tort/Negligence

Brian O’Neill has a unique perspective on oil spill cases such as the ones against BP flowing out of the Gulf area right now. The Minnesota lawyer was lead plaintiffs’ counsel for the Alaskan fisherman who sued Exxon over the ...

Tagged with: Class Action Punitive Damages U.S. Supreme Court