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Feb 17, 2023

Tort/Negligence – Fraudulent Concealment – Output Contract – Most Favored Nation Clause

The plaintiff-hog producer has failed to cite support for its contention that its production sales agreement, which included a most favored nation clause, imposed a duty on the defendant-purchaser to disclose to plaintiff any changes to the economic benefits that defendant offered other suppliers. Moreover, a contractual duty to disclose, if one exists, might support […]

Jan 25, 2023

Tort/Negligence – Auto Collision – Contributory Negligence – Last Clear Chance

Defendant’s vehicle collided with the rear of plaintiff’s vehicle on the interstate. Although defendant admitted she did not know whether plaintiff was in another lane, defendant also testified that plaintiff merged into her lane without warning. Since the jury could have believed defendant’s testimony, the trial court did not err by instructing the jury on […]

Jan 25, 2023

Tort/Negligence – Interference with Contract – Choice of Law – Covenant Not to Compete – Consideration

Plaintiff alleges that defendant – plaintiff’s competitor – induced plaintiff’s former employee to breach the non-compete and nondisclosure covenants of her employment contract, which has a Delaware choice of law provision, and the covenants of which were supported with the consideration of continued employment, continued access to confidential information and a new equity award of [&helli[...]

Jan 25, 2023

Tort/Negligence – Breach of Fiduciary Duty Claims – LLC Unit Sales – Company Sale

Plaintiffs sold their interests in the defendant-limited liability company to Richard Siskey a few years before the LLC merged with another company, resulting in a significant payout to the LLC’s remaining members. Even though defendant James M. (Mike) Smith, the majority member and a manager of the LLC, told minority member Siskey about the possibility […]

Jan 25, 2023

Tort/Negligence – Intentional Infliction of Emotional Distress – ‘Psychological Treatment’ – Insufficient Allegation

The plaintiff-husband sued the defendant-wife for intentional infliction of emotional distress based on her behavior during the break-up of their marriage (allegedly disclaiming interest in funds, then taking them; expressing an intent to forgo alimony and a share in plaintiff’s retirement account, then changing her mind after consulting counsel). Plaintiff alleged that he was “stunned [&helli[...]

Jan 20, 2023

Tort/Negligence – Fraud – Statute of Limitations – Discovery Rule – Banks & Banking – Real Property – HAMP Denials

Plaintiffs allege that the defendant-bank fraudulently denied them mortgage modifications under the Home Affordable Modification Program and that their homes were foreclosed upon. There are sufficient facts alleged to suggest plaintiffs remained unaware of defendant’s alleged fraudulent scheme for many years and that they each suffered a resulting harm. Further, the determination of when plainti[...]

Dec 27, 2022

Tort/Negligence – Misappropriation of Trade Secrets – Business Plan – Bicycle Delivery

Plaintiff alleges that defendants misappropriate its confidential business plan (the D2C plan), including special bicycle racking systems, cost estimates, financial models, pricing and profitability estimates, and more. The complaint alleges that the D2C plan is confidential, unique to plaintiff, and not readily ascertainable or able to be readily derived from public information. The complaint thu[...]

Dec 14, 2022

Tort/Negligence – Fraud by Omission – No Duty – Vicarious Liability – Independent Contractor – Ponzi Scheme

Although the late Richard Siskey, perpetrator of an alleged Ponzi scheme, was a MetLife independent contractor, and although his office displayed a sign reading, “Wall Street Capitol an office of MetLife”, MetLife had no relationship with or even knowledge of the plaintiff-investor, who (1) bought no MetLife products, (2) made his first investment with Siskey […]

Nov 16, 2022

Tort/Negligence – Breach of Fiduciary Duty – Economic Loss Rule – Trusts & Estates – Wills – Shareholder Contract 

The plaintiff-corporation seeks to enforce the redemption provision in the shareholder agreement signed by the defendant-executor’s decedent. Plaintiff’s additional claim that the executor has breached a fiduciary duty by failing to comply with a provision in the will – which directs the executor to comply with shareholder agreements – is barred by the economic loss […]

Oct 3, 2022

Tort/Negligence – Misappropriation of Trade Secrets – Pontoon Boat – Swim Platform Design – Other Patented Designs 

Plaintiffs designed a swim platform for a pontoon boat, and they claim their defendant-shareholder improperly shared the design with the shareholder’s financial advisor. A competitor developed a similar swim platform; however, plaintiffs cannot make out a claim for misappropriation of trade secrets because they cannot show that their swim-platform design derived “independent actual or potentia[...]

Jun 20, 2022

Tort/Negligence – Libel Per Se – Public Figures – Actual Malice

Where the plaintiff-police officers showed that the defendant-director of public safety (1) fired the officers, (2) prepared separation affidavits falsely stating that claims had been filed against the officers for creating a hostile work environment when no such claims had been made, and (3) submitted those separation affidavits to the North Carolina Criminal Justice Education […]

Oct 12, 2018

Contract – Business Acquisition – Tort/Negligence – Fraud – Purchase Debt Payments – LLC Distributions

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 defendant represented that the payments would be “below the line,” so plaintiffs wouldn’t be paying […]

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