An acquisition transaction left the plaintiff-sellers owning 20 percent and the defendant-buyers owning 80 percent of a new LLC, with the new LLC responsible for paying the purchase price. Plaintiffs have stated a claim for fraud based on allegations that ...

Tagged with: Tort/Negligence

Defendants allege that plaintiff – a director of the defendant-corporation – disclosed the corporation’s confidential information and used the corporation’s laboratory to develop chemical compounds for his own benefit. Defendants’ allegations support their breach of contract and tort counterclaims, in ...

Tagged with: Tort/Negligence

Where neither the plaintiff-wife’s accountant nor her fraud examiner located any marital assets secreted by the husband, the defendant-attorney did not commit legal malpractice when, at the hearing on the wife’s equitable distribution claim, he declined to offer into evidence ...

Tagged with: Tort/Negligence

While the plaintiff-corporation’s directors were allegedly looting the corporation (Zloop) for personal benefit, their fraud benefitted Zloop by allowing it to temporarily remain in business and to obtain franchises and lines of credit; as such, the directors’ acts are imputed ...

Tagged with: Tort/Negligence

JS Real Estate Investments LLC v. Gee Real Estate, LLC (Lawyers Weekly No. 020-105-17, 18 pp.) (Adam Conrad, J.) 2017 NCBC 102 Holding: In the contract that separated most of their joint businesses, the parties agreed to continue their management ...

Tagged with: Tort/Negligence

Perry v. West Marine, Inc. (Lawyers Weekly No. 012-155-17, 12 pp.) (John Tyson, J.) Appealed from Wake County Superior Court (R. Allen Baddour, J.) N.C. App. Unpub. Holding: Although plaintiff alleges that the defendant-employer wrongfully discharged him in violation of ...

Tagged with: Tort/Negligence

Holbert v. Blanchard (Lawyers Weekly No. 012-139-17, 11 pp.) (Mark Davis, J.) Appealed from Buncombe County Superior Court (Richard Doughton, J.) N.C. App. Unpub. Holding: The plaintiff-client complains that, despite the existence of a prenuptial agreement, the defendant-lawyers convinced him ...

Tagged with: Tort/Negligence

W4 Farms, Inc. v. Tyson Farms, Inc. (Lawyers Weekly No. 020-069-17, 25 pp.) (Michael Robinson, J.) 2017 NCBC 62 Holding: Where plaintiffs allege that (1) they contracted to raise broiler chickens for defendants, (2) defendants supplied plaintiffs with chickens that ...

Tagged with: Tort/Negligence

Hogue v. Brown & Patten, PA (Lawyers Weekly No. 012-112-17, 11 pp.) (John Tyson, J.) Appealed from Haywood County Superior Court (Bradley Letts, J.) N.C. App. Unpub. Holding: Plaintiff hired defendants to represent her in a domestic matter, and defendants ...

Tagged with: Tort/Negligence

RM v. Charlotte-Mecklenburg County Board of Education (Lawyers Weekly No. 004-009-17, 21 pp.) (Graham Mullen, J.) 3:15-cv-00528; W.D.N.C. Holding: Where the individual defendants – a school superintendent, principal and assistant principal – participated in meetings to address the bullying of ...

Tagged with: Tort/Negligence