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Banks & Banking – Unfair Trade Practices – Loan Discount Fee – No Discount – Closing Fees
Bumpers v. Community Bank of Northern Virginia When defendant charged plaintiffs for something it did not provide - a discount on the loan rate - defendant committed an unfair trade practice. We affirm summary judgment for plaintiffs on their unfair trade practices claim based on the loan discount fee. We reverse summary judgment for plaintiffs as to the issue of excessive closing fees[...]
Labor & Employment – Identity Theft Protection Act – Unfair Trade Practices – NLRA – Preemption
Fisher v. Communication Workers of America Plaintiffs’ claims — that defendants violated North Carolina’s Identity Theft Protection Act and Unfair and Deceptive Trade Practices Act by posting a list of plaintiffs’ names and social security numbers after plaintiffs dropped out of the defendant-union - are preempted by the National Labor Relations Act. We affirm summary judgment [...]
Securities – Unfair Trade Practices – ‘In or Affecting Commerce’ – Banks & Banking
DeGorter v. Capitol Bancorp Ltd. Even though plaintiff contends that “the business of the parties was to buy, develop, and market banks and bank services” and the underlying transaction was the purchase and sale of a bank, since plaintiff’s unfair trade practices claim is based on allegations that defendants deceived him into buying securities, plaintiff’s claim is not based on ac[...]
Tort/Negligence – Banks & Banking – Fiduciary Duty – Fraud – Unfair Trade Practices – Real Property – Appraisal
Allran v. Branch Banking & Trust Corp. (Lawyers Weekly No. 11-15-0698, 14 pp.) (Calvin E. Murphy, J.) N.C. Bus. Ct. Holding: The plaintiff-borrower alleges that the defendant-bank (1) failed to reveal that the land the borrower was buying was not worth the purchase price and (2) falsified closing documents; these allegations are not sufficient to show any fiduciary duty or fraud, but they a[...]
Contract – Damages – Nominal – Unfair Trade Practices – Civil Practice – Appeals – Commercial Sport Fishing Boat
D G. II, LLC v. Nix The trial court ruled before trial that plaintiff was entitled to the return of its $100,000 deposit; at trial, the jury was entitled to discount the testimony of witnesses who said the boat that defendants built for plaintiff was worth $250,000 more than the contract price. Although the jury should have awarded plaintiff nominal damages on its breach of contract claim[...]
Tort/Negligence – Unfair Trade Practices – Labor & Employment – Other Businesses — Negligent Misrepresentation – Justifiable Reliance
Songwooyarn Trading Co. v. Sox Eleven, Inc. Even though defendant Ahn was plaintiff’s employee, since he interfered in the relationship between separate companies, his actions were “in commerce” within the meaning of G.S. Chapter 75. We affirm a $1,022,041 judgment for plaintiff.
Tort/Negligence – Fraud – Unfair Trade Practices – Landlord/Tenant – Commercial Lease – Suitability for Use
Stoneworx, Inc. v. Robbins The defendant-landlord falsely represented that his building was suitable for the plaintiff-tenant's manufacturing business. The tenant justifiably relied on that misrepresentation and relocated its business, to its detriment. Even if the parties were in equal bargaining positions, the landlord's fraud is enough to prove unfair trade practices.
Tort/Negligence – Fraud – Negligent Misrepresentation – Unfair Trade Practices – Real Property – Purchase
Mauro v. Mooney. Even though the plaintiff-buyers contend the defendant-seller committed fraud and negligent misrepresentation as to the age of the house, renovations, structural deficiencies . . .
Contract – Breach of Contract – Summary Judgment – Spa – Terms – Unfair Trade Practices
Hodges v. Young. Where the plaintiff sued a spa company manager for breach of contract after he discovered that a two-pump rather than a three-pump spa was installed, the District Court . . .
Contract – Forum-Selection Clause – France – French Assignor – Unfair Trade Practices – Statute of Limitations – Aggravating Factors
Ada Liss Group Ltd. v. Sara Lee Corp. (Lawyers Weekly No. 10-03-1134, 16 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Defendant bases its breach-of-contract counterclaim on a contract plaintiff entered into with Playtex France. The Playtex France contract includes a forum-selection clause naming the Tribunal de Commerce de Paris as the exclusive forum for litigating […]
Insurance – Auto – UM – Contract – Unfair Trade Practices – Arbitration
Chew v. Progressive Universal Insurance Co. (Lawyers Weekly No. 10-02-1083, 18 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Since plaintiff never sued the uninsured motorist who caused his accident, plaintiff has no breach of contract claim against the insurer because plaintiff never established the amount the uninsured motorist was legally required to pay him. Summary […]
Intellectual Property – Unfair Trade Practices – Passing Off – Cheaper Chinese Insulation – Less Effective – Carcinogenic
Pittsburgh Corning Corp. v. McCormick Insulation Supply, Inc. When plaintiff stopped supplying its Foamglas directly to defendant McCormick Insulation Supply, McCormick not only started buying Foamglas from other sources but also started buying cheaper Chinese cellular glass insulation, which defendant Batts Fabricators mixed it with Foamglas and sold to its customers. The Chinese product[...]
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