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Publishing company awarded $352,137 in franchise dispute
A federal judge in North Carolina has awarded a New Jersey publishing company a $352,137 judgment in a franchise dispute with Fayetteville-based Kidsville News! Inc. The judgment came after Kidsville News defaulted in the case. In a Jan. 19 order, Judge Louise Flanagan determined Kidsville News had violated federal franchise rules and North Carolina’s Unfair […]
Tort/Negligence — Unfair Trade Practices – Treble Damages & Attorneys’ Fees – Tortious Interference with Contract – Dealer Intimidation
Clark Material Handling Co. v. Toyota Material Handling U.S.A, Inc. (Lawyers Weekly No. 15-04-0581, 28 pp.) (Max Cogburn Jr., J.) 3:12-cv-00510; W.D.N.C. Holding: The jury found that defendant had coerced Southeast Industrial Equipment (SIE) into terminating its relationship with plaintiff by threatening SIE’s Toyota territory in Virginia, the parties stipulated that the actions in question [&he[...]
Contract Lemon Law – Notice – Delay – No Attorney’s Fees or Treble Damages
Hardison v. Kia Motors America, Inc Even though defendant did not act within the time prescribed by North Carolina’s Lemon Law, defendant acted reasonably and repaired plaintiffs’ car; therefore, plaintiffs are not entitled to attorney’s fees or treble damages under the Lemon Law.
Intellectual Property – Trade Dress Infringement – Cookware – Unfair Trade Practices – Treble Damages
Belk Inc. v. Meyer Corp. Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit upholds a $1.26 million damage award for plaintiff.
Contract – Inter-Corporate Liability Doctrine – Car Dealership & Finance Company – Damages – Unfair Trade Practices – Treble Damages – Prejudgment Interest – Attorney’s Fees
Hanes v. Darar Where (1) defendant Darar was the owner and president of both corporate defendants; (2) both businesses shared officers, agents, business locations and phone numbers; and (3) the two corporations had a “complimentary” nature (a used car dealership and the company that financed customers’ purchases of the dealership’s cars), the trial court could apply the inter-cor[...]
Insured recovers on counterclaim for malicious prosecution over Wilson fire
Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to North Carolina, Cully’s was incorporated in North Carolina and began purchasing, refurbishing and selling/renting homes in the historic district of Wilson. Laurie was the sole […]
Chicago Title pays church $698,000 on $100,000 policy
Andrew Fitzgerald's (pictured) first foray into title insurance was over a half-million-dollar success. He was hired by Reynolda Presbyterian Church in Winston-Salem to sue Chicago Title Insurance Company after the insurer allegedly failed to defend the church against claims its neighbors brought against it. The church housed its administrative offices in "Harper House," which was situated on one [...]
Contract – Treble Damages – G.S. Sect. 75-16 – Default Judgment – Racing Teams
MRD Motorsports, Inc. v. Trail Motorsports, LLC. (Lawyers Weekly No. 10-07-0545, 9 pp.) (John C. Martin, Ch.J.) Appealed from Cabarrus County Superior Court (Tanya Wallace, J.) N.C. App. Holding: The plaintiff in a dispute over a motorsports contract was entitled to treble damages under G.S. Sect. 75-16 where a default judgment was entered against the […]
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