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Tag Archives: Unfair Trade Practices

Contract – Unfair Trade Practices – First Impression – Learned Profession Exception – Compromise Verdict – Parol Evidence (access required)

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” ...

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Civil Practice – Non-Mutual Offensive Collateral Estoppel – Guilty Plea – Misappropriation of Trade Secrets – Unfair Trade Practices – Breach of Contract (access required)

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 § ...

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Tort/Negligence – Unfair Trade Practices – Agricultural Products Sales – Higher Prices – Unnecessary & Poor Quality Products (access required)

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 ...

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Tort/Negligence – Interference with Contract – Civil Practice – Statute of Limitations – Conversion – Unfair Trade Practices – Landlord/Tenant – Mobile Home Units (access required)

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 ...

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