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Tag Archives: Unfair and Deceptive Trade Practices

Civil Practice – Statute of Limitations – Counterclaims – Sealed Instrument – Fraud – Unfair and Deceptive Trade Practices – Promissory Notes – Vacation Home (access required)

McGuire v. Dixon. Fraud and unfair and deceptive trade practices counterclaims raised by defendants in a dispute over payment on a promissory note for the purchase of a vacation home in Jamaica were not barred by the statute of limitations that apply to those claims. Instead, the claims were governed by the 10-year statute of limitations that applies to claims based on sealed instruments.

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Borrowers get $10M setoff on counterclaim against Wachovia (access required)

An arbitrator has awarded Cameron and Dee-Dee Harris (the “Borrowers”) more than $10 million as a setoff in an arbitration against Wachovia. Wachovia accelerated the loan and initiated the arbitration, asserting that a loan-to-collateral default had occurred. The Borrowers responded ...

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Tort/Negligence – Malicious Prosecution – Unfair & Deceptive Trade Practices – Civil Conspiracy (access required)

Kirkman v. Tison.  (Lawyers Weekly No. 10-03-0854, 14 pp.) (L. Patrick Auld, USMJ). M.D.N.C. Holdings: In claims relating to the defendants’ alleged involvement in procuring a misdemeanor summons charging the plaintiff with sending harassing e-mail, the plaintiff pled facts sufficient ...

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Contract – Directed Verdict – Unfair and Deceptive Trade Practices – Attorney’s Fees (access required)

Daniel v. Gullzar. (Lawyers Weekly No. 10-16-0766, 15 pp.) (Ann Marie Calabria, J.) Appealed from Wake County Superior Court (A. Leon Stanback Jr., J.) N.C. App. Unpub. Holding: The trial court did not err in granting a directed verdict to ...

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