Tag Archives: Quantum Meruit

Attorneys – Labor & Employment – Fee-Splitting Contract – Quantum Meruit – Tort/Negligence – Fiduciary Duty – RPC Violation – Client’s Costs & Expenses (access required)

Crumley & Associates, P.C. v. Charles Peed & Associates, P.A. The plaintiff-law firm’s employment agreement with its associate required the associate – if he left the firm and took a client with him – to pay plaintiff 70 percent of the fees he received from his continued representation of the client. Even though this fee-splitting agreement violated the Rules of Professional Conduct, plaintiff was nevertheless entitled to recover in quantum meruit for the work performed by the associate while he was employed by plaintiff.

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Contract – Civil Practice – Pleadings Amendment — Cable Installation – Price Increase Term – Quantum Meruit – Unfair Trade Practices – Negligent Misrepresentation (access required)

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.

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Contract – Implied – Quantum Meruit – Reasonable Charges – Hospital Stay (access required)

Charlotte-Mecklenburg Hospital Authority v. Talford When the plaintiff-hospital moved for summary judgment and relied only on affidavits from its own employees to show that its charges were reasonable, the defendant-patient forecasted sufficient evidence to go to trial on the issue of the reasonableness of the charges when his affidavit disputed the employees’ assertions and set out the amounts the hospital charged him for certain items and the amounts he paid for the same items elsewhere. We reverse summary judgment for the hospital.

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Contract – Real Property – Liens – Implied Contract – Quantum Meruit – Staircase Installation (access required)

Waters Edge Builders, LLC v. Longa Where the parties did not have an express contract or one implied in fact but only one implied in law, the plaintiff-contractor was not entitled to place a lien on the defendant-owners’ real property. We affirm the trial court’s finding that the owners owed the contractor $5,000; we reverse the trial court’s order granting the contractor a claim of lien; and we vacate the trial court’s award of attorney’s fees to the contractor.

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