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Tag Archives: Unfair Trade Practices

Tort/Negligence – Fraud – Unfair Trade Practices – Negligent Misrepresentation – Civil Practice – Pleading with Particularity (access required)

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, ...

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Tort/Negligence — Unfair Trade Practices – Treble Damages & Attorneys’ Fees – Tortious Interference with Contract – Dealer Intimidation (access required)

Clark Material Handling Co. v. Toyota Material Handling U.S.A, Inc. (Lawyers Weekly No. 15-04-0581, 28 pp.) (Max Cogburn Jr., J.) 3:12-cv-00510; W.D.N.C. Holding: The jury found that defendant had coerced Southeast Industrial Equipment (SIE) into terminating its relationship with plaintiff ...

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Tort/Negligence — Unfair Trade Practices – Learned Profession Exception – Medical Malpractice – Physician’s Peer Review – Abatement (access required)

Wheeless v. Maria Parham Medical Center, Inc. (Lawyers Weekly No. 14-07-1116, 19 pp.) (Wanda Bryant, J.) Appealed from Vance County Superior Court (Robert Hobgood, J.) N.C. App. Holding: Where plaintiff complains that one or more medical professionals (defendants) sent correspondence ...

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Contract – Covenant Not to Compete – Sales Representative – Independent Contractor – Consideration – Unfair Trade Practices – Labor & Employment (access required)

Home Meridian International, Inc. v. Longnecker (Lawyers Weekly No. 14-03-0546, 20 pp.) (Joe Webster, USMJ) 1:12-cv-01093; M.D.N.C. Holding: Even though defendant had already been working for plaintiff for several months when they entered into a sales representation agreement that included ...

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