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Tag Archives: Treble Damages

Tort/Negligence — Unfair Trade Practices – Treble Damages & Attorneys’ Fees – Tortious Interference with Contract – Dealer Intimidation (access required)

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 ...

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Intellectual Property – Trade Dress Infringement – Cookware – Unfair Trade Practices – Treble Damages (access required)

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.

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Contract – Inter-Corporate Liability Doctrine – Car Dealership & Finance Company – Damages – Unfair Trade Practices – Treble Damages – Prejudgment Interest – Attorney’s Fees (access required)

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-corporate liability doctrine from W.G. Fountain v. West Lumber Company, 161 NC 35, 76 S.E.2d 533 (1912).

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Insured recovers on counterclaim for malicious prosecution over Wilson fire (access required)

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 ...

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Chicago Title pays church $698,000 on $100,000 policy (access required)

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 of two parcels it acquired in 2001. At the time it acquired the parcels, the church also purchased a policy of title insurance from Chicago Title. The policy covered the church for losses related to title of up to $100,000.

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