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Quantum Meruit

Dec 10, 2014

Attorneys — Fee Award – Quantum Meruit – Real Property – Condemnation Settlement – Charging Lien

Department of Transportation v. Evans (Lawyers Weekly No. 14-16-1134, 10 pp.) (Sam Ervin IV, J.) Appealed from Cumberland County Superior Court (James Gregory Bell, J.) N.C. App. Unpub. Holding: Where the trial court did not simply enforce defendants’ contingency-fee contract with their former attorney but instead considered the attorney’s experience, his expertise in the handling […]

Nov 18, 2014

Attorneys — Fees – Interest – Quantum Meruit Award – Civil Practice – Subject Matter Jurisdiction – Judge’s Resignation

Robertson v. Steris Corp. (Lawyers Weekly No. 14-07-1070, 19 pp.) (Linda McGee, Ch. J.) Appealed from Brunswick County Superior Court (D. Jack Hooks Jr., J.) N.C. App. Holding: Although a panel of this court has said “that equitable remedies which require the payment of money do not constitute compensatory damages as set forth in N.C. […]

Jul 17, 2014

Contract – Breach of Contract – Implied Covenant of Good Faith & Fair Dealing – Procuring Cause – Quantum Meruit – Unfair or Deceptive Trade Practices

Gunn v. Laboratory Corp. of America (Lawyers Weekly No. 14-15-0649, 15 pp.) (James Gale, J.) 2014 NCBC 29 Holding: Even though the plaintiff-broker was not the procuring cause of defendant’s new lease, the broker may still be able to recover the reasonable value of his services in quantum meruit. The defendant’s motion for summary judgment […]

Apr 3, 2012

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

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[...]

Jan 11, 2012

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

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[...]

Aug 5, 2011

Contract – Implied – Quantum Meruit – Reasonable Charges – Hospital Stay

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[...]

Aug 5, 2011

Contract – Real Property – Liens – Implied Contract – Quantum Meruit – Staircase Installation

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[...]

Sep 30, 2010

Contract – Recovery of Legal Fees – Breach of Contract – Quantum Meruit

Neighbors Law Firm P.C. v. Highland Capital Management L.P. (Lawyers Weekly No. 10-02-0947, 9 pp.) (James C. Fox, J.) Appealed from U.S. Magistrate Court (James A. Gates, J.) E.D.N.C. Holding: In a breach-of-contract case, partial summary judgment is proper when genuine issues of material fact remain as to whether a contract was ever made and […]

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