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Tag Archives: Unfair Trade Practices

Contract – Civil Practice – Pleadings – Complaint’s Allegations – Unfair Trade Practices – Rental Property Management (access required)

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.

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Tort/Negligence – Unfair Trade Practices Claim – Commercial Bribery – Intent – Employer’s Own Program – Contract – Restaurant Food Distributor – Marketing Allowance – Civil Practice – Subpoenas (access required)

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.

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Tort/Negligence – Constructive Fraud – Financial Advisor – First Impression – Fraud – Unfair Trade Practices (access required)

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.

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Insurance – Fire – Tort/Negligence – Bad Faith Refusal to Settle Claim – Unfair Trade Practices – Breach of Contract (access required)

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.

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Tort/Negligence – Breach of Fiduciary Duty – Corporate – Piercing the Veil – Unfair Trade Practices (access required)

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.

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Tort/Negligence – Alienation of Affections – Mother & Daughter – Civil Conspiracy – Unfair Trade Practices – Emotional Distress – Civil Practice – Statute of Limitations – Rule 11 (access required)

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.

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Civil Practice – Removal – Diversity Jurisdiction – Fraudulent Joinder Argument – Insurance Adjuster – Unfair Trade Practices — Tort/Negligence – Fraud – Pleadings (access required)

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.

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