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” ...

Tagged with: Contract first impression Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Conversion Unfair Trade Practices

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 § ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices

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 ...

Tagged with: Unfair Trade Practices