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Unfair Trade Practices Claim

Nov 22, 2016

Tort/Negligence – Unfair Trade Practices Claim – Banks & Banking – Equity Line – Contract

Spitzer-Tremblay v. Wells Fargo Bank, N.A. (Lawyers Weekly No. 012-225-16, 12 pp.) (Wendy Enochs, J.) Appealed from Orange County Superior Court (Paul Ridgeway, J.) N.C. App. Unpub. Holding: Although plaintiff contends she received conflicting communications from the defendant-bank as to the amount she was required to pay towards her equity line, since the bank’s threat […]

Sep 18, 2012

Contract – Unfair Trade Practices Claim – Commercial – Promissory Note – Banks & Banking

SunTrust Bank v. Bryant/Sutphin Properties, LLC Although defendants contended that the plaintiff-bank committed unfair practices separate from the parties’ contracts, in alleging these “separate” acts, defendants were really claiming that the bank acted outside of its authority under the contract; this is a breach of contract. Since the jury found that the bank had not breached the [...]

Sep 13, 2012

Contract – Yacht Club – Membership vs. Boat Slip Purchase – Unfair Trade Practices Claim

White v. Bald Head Island Yacht Club Plaintiff signed the defendant-yacht club’s application for membership, which states, “I understand that membership at Bald Head Island Yacht Club will be a membership in a private club and that acceptance for membership is subject to my being approved for membership and payment of the required purchase price and dues.”

Mar 1, 2012

Contract – Unfair Trade Practices Claim – Mere Breach – Anti-Competition – Windows & Doors Installer

Thompson Installations, Inc. v. Stock Building Supply, LLC Plaintiff alleges that, despite the non-exclusive nature of the parties’ contract, defendant tried to prevent plaintiff from accepting jobs from defendant’s competitors. This is not a sufficient aggravating circumstance to raise plaintiff’s breach of contract claim to the level of an unfair trade practices claim.

Jan 11, 2012

Real Property – Mortgages – Banks & Banking – Foreclosure – Note Holder – RESPA — Unfair Trade Practices Claim

Crispin v. BAC Home Loans Servicing, LP The complaint alleges that, in response to plaintiff’s qualified written request, defendant Bank of America (BofA) identified Natalie Mendez as someone who could help him, but Ms. Mendez told plaintiff she had neither the information nor the authority to help him. If plaintiff’s allegation is true and BofA responded to the qualified written requ[...]

Dec 7, 2011

Real Property – Development Investment – Contract – Negotiable Instruments – Promissory Notes – Banks & Banking – Unfair Trade Practices Claim

In re Fifth Third Bank, N.A. Where the plaintiff-borrowers did not rely on any representation made by the defendant-bank when plaintiffs decided to invest in a planned development, and where plaintiffs failed to show that the bank had a duty to monitor the developers’ actions, plaintiffs did not make out a prima facie case of unfair trade practices against the bank. We affirm summary[...]

Jun 16, 2011

Tort/Negligence – Tortious Interference with Contract Claim – Partnership – Accounting Firm Break-Up – Unfair Trade Practices Claim

Pete Fortner, PLLC v. Koonce Wooten & Haywood, LLP Where all the evidence showed that plaintiff's former partner solicited a job with the defendant-accounting firm - not the other way around - plaintiff failed to show that defendant intentionally interfered with the contract between plaintiff and its former partner.

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