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Tag Archives: Unfair and Deceptive Trade Practices

Contract – Communications Decency Act – Immunity – Unfair and Deceptive Trade Practices – Summary Judgment – Class Action (access required)

Hill v. StubHub, Inc. (Lawyers Weekly No. 11-15-0258, 23 pp.) (Judge Ben F. Tennille, J.) On cross motions for summary judgment. N.C. Bus. Ct. Click here for the full text of the opinion. Holdings: StubHub’s business model and practices are ...

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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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Swain County HOA wins $2.4M verdict in defective roads dispute (access required)

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson City and Charlotte-based W.K. Dickson & Co., alleging breach of express and implied warranties, breach of contract, negligence, fraud and unfair and deceptive trade practices.

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Real Property – Summary Judgment – Breach of Contract – Breach of Warranty – Fraud – Unfair & Deceptive Trade Practices – Constructive Trust – Fiduciary Relationship (access required)

Scheller v. Otterberg. The plaintiff-buyers hired an inspector, who warned them of possible water intrusion into the home they were buying. Even if the plaintiffs relied on false representations . . .

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$5.2M award in dispute over competing medical equipment business (access required)

On July 11, 2008, Kight’s Medical Corp. (“KMC”) filed a lawsuit in the Superior Court of Wake County against Ginger Kight Pickett (“Pickett”), the former manager of KMC’s Chesapeake, Va., branch; and Atlantic Home Medical (“AHM”), the durable medical equipment ...

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