Evans v. Rich (Lawyers Weekly No. 14-02-0543, 5 pp.) (Terrence Boyle, J.) 5:13-cv-00868; E.D.N.C. Holding: Plaintiff’s claim – that defendant Anulex Technologies promoted off-label use of its X-close suture device – exists solely by virtue of the requirements of the ...

Tagged with: Unfair Trade Practices

Nobody likes to pay too much, or pay for things they didn’t receive. But when does a seller’s pricing cross the line into unfair and deceptive practices banned by state law?

Tagged with: North Carolina Supreme Court Unfair Trade Practices

Dolan v. Dickson Properties, Inc. The complaint alleged that the parties’ contract required the defendant-property manager to conduct routine inspections of plaintiff’s rental properties and that defendant’s failure to do resulted in the property falling into a state of disrepair, requiring major repairs which could have been avoided had defendant performed under the parties’ contract.

Tagged with: Unfair Trade Practices

Capital Resources, LLC v. Chelda, Inc. Even though intent is not usually part of an unfair trade practices claim, since defendants based their counterclaim on an allegation of commercial bribery, the trial court correctly instructed the jury that defendants had to prove plaintiff’s intent to influence the purchasing decisions of defendants’ employee to the benefit of plaintiffs and the detriment of defendants.

Tagged with: Unfair Trade Practices

Kettle v. Leonard Where defendant held himself out to be a financial advisor, invited plaintiffs to place their trust and confidence in him, and convinced plaintiff to invest in the businesses and annuities that he recommended, defendant owed plaintiffs a fiduciary duty.

Tagged with: Constructive Fraud first impression Fraud Tort/Negligence Unfair Trade Practices

Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.

Tagged with: Breach of Contract Fire Insurance Tort/Negligence Unfair Trade Practices

Green v. Freeman Where corporate documents listed defendant Corrina Freeman as majority shareholder, “Chairperson,” “CEO,” and “Owner/Chairperson,” a juror could reasonably infer that Ms. Freeman was an officer or director in the defendant-companies and a majority shareholder and therefore owed a fiduciary duty to plaintiffs as minority shareholders.

Tagged with: Breach of Fiduciary Duty Corporate Piercing the Veil Tort/Negligence Unfair Trade Practices

Boynton v. McLaurin Even though the handpiece of the laser that the spa leased/purchased stopped working after five months of use, this did not prove false the contract’s statement that the laser was nearly new.

Tagged with: appeals Civil Practice Contract Fraud Tort/Negligence Unfair Trade Practices

Rushing v. Barron Since North Carolina does not recognize alienation of affection for any relationship other than that of spouses, plaintiff cannot make out a civil conspiracy claim by alleging that her father and brother conspired to alienate her mother’s affection and to convince her mother to exclude plaintiff from inheritance.

Tagged with: Alienation of Affections Civil Conspiracy Civil Practice Emotional Distress rule 11 Statute of Limitations Tort/Negligence Unfair Trade Practices

New Jerusalem Rebirth & Restoration Ministries, Inc. v. Meyer The N.C. courts have not addressed whether an insurance adjuster may be subject to individual liability for unfair trade practices. In the absence of an N.C. case that squarely resolves that plaintiff’s claim is not actionable, there is at least some possibility that plaintiff may recover against the defendant-adjuster under G.S. Chapter 75.

Tagged with: Civil Practice Fraud pleadings Removal Tort/Negligence Unfair Trade Practices