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Contract – Unfair Trade Practices – First Impression – Learned Profession Exception – Compromise Verdict – Parol Evidence
The defendant-physician’s unfair trade practices counterclaim arises from the parties’ negotiations regarding a business arrangement. Although this business arrangement was between a physician and a hospital, the negotiations were not “professional services rendered by a member of a learned profession” G.S. § 75-1.1; therefore, defendant’s unfair trade practices counterclaim should have[...]
Corporate – Acquisition Negotiations – Unfair Trade Practices – Cheerleading Program
The defendant-buyer grew frustrated with plaintiff Emert, a 50-percent shareholder in plaintiff Prodigy Allstars of Concord, Inc., so the buyer’s manager, defendant Barger, and the other 50-percent shareholder of Prodigy – defendant Smith – worked together to allow the buyer’s company to usurp Prodigy’s lease, hire away Prodigy’s employees, and enroll Prodigy’s customers, leaving pla[...]
Tort/Negligence – Unfair Trade Practices – Tortious Interference with Contract – Non-Solicitation Clause
LendingTree, LLC v. Intercontinental Capital Group, Inc. (Lawyers Weekly No. 020-060-17, 16 pp.) (Adam Conrad, J.) 2017 NCBC 53 Holding: Where plaintiff alleges that defendant Intercontinental Capital Group, Inc., acted through a related entity (defendant eQualify Holdings LLC) in order to circumvent a contractual prohibition on soliciting plaintiff’s employees, plaintiff’s allegations state a[...]
Tort/Negligence – Unfair Trade Practices – Commerce – County Employee – Fraud
County of Harnett v. Rogers (Lawyers Weekly No. 012-059-17, 11 pp.) (Chris Dillon, J.) Appealed from Harnett County Superior Court (Douglas Sasser, J.) N.C. App. Unpub. Holding: Some of the acts alleged in support of plaintiff’s unfair trade practices claim concern defendant’s dealings with outside entities, but some involved defendant’s dealing with his employer. Since […]
Contract – No Unfair Trade Claim for Agent Signing New Client
Champion Pro Consulting Group Inc. v. Impact Sports Football LLC (Lawyers Weekly No. 001-001-17, 19 pp.) (Hendricks, D.J.) No. 15-1899, Dec. 22, 2016; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: A sports agent whose client – a University of North Carolina student recruited by professional football teams – signed with a competitor eight […]
Tort/Negligence — Conversion – Contract – Promissory Note – Deception
Makadia v. Continental Waste Management, LLC (Lawyers Weekly No. 002-033-16, 10 pp.) (James Fox, S.J.) 5:16-cv-00257; E.D.N.C. Holding: Where plaintiff lent money to defendants for a specific purpose – the purchase of two waste management plants in Illinois – and where defendants failed to purchase the plants but kept most of the loan proceeds, plaintiff […]
Civil Practice – Non-Mutual Offensive Collateral Estoppel – Guilty Plea – Misappropriation of Trade Secrets – Unfair Trade Practices – Breach of Contract
RF Micro Devices, Inc. v. Xiang (Lawyers Weekly No. 003-012-16, 21 pp.) (William Osteen Jr., J.) 1:12-cv-00967; M.D.N.C. Holding: Since 18 U.S.C. § 1839(3)(B) and G.S. § 66-152(3)(a) define “trade secret” differently, defendant’s guilty plea to a violation of § 1839 does not entitle plaintiff to summary judgment on its state-law misappropriation of trade secrets […]
Tort/Negligence – Unfair Trade Practices – Agricultural Products Sales – Higher Prices – Unnecessary & Poor Quality Products
Respess v. Crop Production Services, Inc. (Lawyers Weekly No. 002-022-16, 11 pp.) (W. Earl Britt, S.J.) 4:15-cv-00176; E.D.N.C. Holding: Although suppliers may sell the same products to different customers at different prices, plaintiffs allege that defendant’s Belhaven store routinely charged plaintiffs prices higher than the amount of money they owed. Such sales are in or […]
Insurance – Unfair Trade Practices – Broadening Endorsement – Refusal to Pay
Biltmore Avenue Condominium Association, Inc. v. Hanover American Insurance Co. (Lawyers Weekly No. 004-005-16, 8 pp.) (Martin Reidinger, J.) 1:15-cv-00043; W.D.N.C. Holding: The plaintiff-insured alleges that (1) it paid extra premiums for coverage that the defendant-insurer deceptively represented would be in addition to the initial policy’s coverage and (2) defendant has now unfairly refused [...]
Tort/Negligence – Interference with Contract – Civil Practice – Statute of Limitations – Conversion – Unfair Trade Practices – Landlord/Tenant – Mobile Home Units
Suarez v. LCD Properties, LLC (Lawyers Weekly No. 15-16-1034, 16 p.) (Douglas McCullough, J.) Appealed from Henderson County Superior Court (Martin McGee, J.) N.C. App. Unpub. Holding: Even though plaintiff alleges that defendants intimidated and bullied a prospective buyer of plaintiff’s mobile home units, since plaintiff also alleges that such actions took place more than […]
Tort/Negligence – Fraud – Unfair Trade Practices – Negligent Misrepresentation – Civil Practice – Pleading with Particularity
Topshelf Management, Inc. v. Campbell-Ewald Co. (Lawyers Weekly No. 15-03-0841, 21 pp.) (Thomas Schroeder, J.) 1:14-cv-01013; M.D.N.C. Holding: Since plaintiff’s unfair trade practices claim is based on its fraud claim, the unfair trade practices claim must be pleaded with particularity, too. The complaint is dismissed without prejudice. Plaintiff alleges that defendant promised plaintiff long-t[...]
Tort/Negligence — Conversion – Unfair Trade Practices – Insurance Deductible – Condo Association Dues
Faucette v. 6303 Carmel Road, LLC (Lawyers Weekly No. 15-07-0723, 21 pp.) (Richard Dietz, J.) Appealed from Mecklenburg County Superior Court (Eric Levinson, J.) N.C. App. Holding: Even though the parties engaged in mediation and other negotiations, defendants did not unconditionally offer to return the money that admittedly belonged to plaintiff until years after this […]
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