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Tag Archives: Tort/Negligence

Labor & Employment – Covenants Not to Compete – Overbroad Restriction – Non-Solicitation – Tort/Negligence – Tortious Interference with Contract – Conspiracy (access required)

Sandhills Home Care, L.L.C. v. Companion Home Care – Unimed, Inc. (Lawyers Weekly No. 020-056-16, 39 pp.) (Gregory McGuire, J.) 2016 NCBC 59 Holding: In the “At-Will Agreement” between plaintiff and some of the defendant-former employees, non-competition restriction (b)(i) prohibits ...

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Tort/Negligence – Slander to Title – Aiding & Abetting – Restatement – Complicity – No Incitement (access required)

North Carolina II, LP v. Branch Banking & Trust Co.Our adoption of Restatement (Second) of Torts § 876 – aiding and abetting tortious conduct – has been limited to situations in which the defendant incited another to tortious conduct. Here, the defendant-bank’s conduct was merely complicit with a contractor’s alleged slander of plaintiffs’ title.

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Tort/Negligence – Insurance – Vacant Property – Theft & Vandalism Exclusion – Contract (access required)

Rayfield Properties, LLC v. Business Insurers of the Carolinas, Inc. The plaintiff-property owner failed to show that the defendant-insurance agency had a duty to procure insurance that covered theft and vandalism for plaintiff’s vacant property or to specifically inform plaintiff about the theft and vandalism exclusion in plaintiff’s policy.

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Tort/Negligence – Fiduciary Duty — Fraud – Economic Loss Rule — Real Property – Landlord/Tenant – Commercial Lease – Corporate – Medical Office Development (access required)

Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC When the plaintiff-doctors were looking for new office space, the defendant-developer allegedly assured them that the parties had a relationship of trust and confidence and that the developer had the doctors’ best interests at heart. This was not sufficient to create a fiduciary relationship between the parties.

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