Wage claims survive dismissal in employment dispute
The North Carolina Business Court allowed several counterclaims arising from an employment and financial dispute to proceed while dismissing emotional distress and punitive damages claims. The dispute arose after […]
Unjust enrichment limits recovery where no enforceable agreement covered fundraising work
The North Carolina Supreme Court affirmed a ruling limiting the plaintiff’s recovery to unjust enrichment after a jury found no enforceable agreement governing work he performed to help the defendant […]
NC Business Court: Unjust enrichment claim limited to sole plaintiff and corporate defendant
The court granted in part and denied in part a motion for summary judgment, allowing a single plaintiff’s unjust enrichment claim to proceed only against a single corporate defendant while […]
Business court rejects implied partnership and joint venture claims
The North Carolina Business Court granted summary judgment largely in favor of the defendants, concluding that no partnership or joint venture existed between the parties and that the plaintiff functioned […]
Tort/Negligence – Unjust Enrichment – Contract – Alternative Pleading – Unfair Trade Practices
Bandy v. Gibson (Lawyers Weekly No. 020-070-17, 22 pp.) (Gregory McGuire, J.) 2017 NCBC 63 Holding: Plaintiff’s allegations – that she brought in millions of dollars of business to the […]
Civil Practice – Statute of Limitations – Unjust Enrichment – Constructive Trust – Embezzled Funds
Cody Creek Park, Inc. v. Capital One Services, LLC (Lawyers Weekly No. 003-015-17, 10 pp.) (Thomas Schroeder, J.) 1:16-cv-01136; M.D.N.C. Holding: Although G.S. § 1-56 sets out a 10-year statute […]
Tort/Negligence — Unjust Enrichment – Municipal – Real Property – Development – Sewer Reservation Fees
Crump v. City of Hickory (Lawyers Weekly No. 15-16-0377, 10 pp.) (Mark Davis, J.) Appealed from Catawba County Superior Court (Nathaniel Poovey, J.) N.C. App. Unpub. Holding: The plaintiff-developer paid […]
Contract — Unjust Enrichment – Real Property – Repairs
Atkinson v. Reikowsky (Lawyers Weekly No. 15-16-0172, 7 pp.) (Ann Marie Calabria, J.) Appealed from Surry County Superior Court (Ronald Spivey, J.) N.C. App. Unpub. Holding: Where the parties bought […]
Domestic Relations — Unjust Enrichment – QDRO – Failure to File – First Impression
Butler v. Butler (Lawyers Weekly No. 15-07-0079, 23 pp.) (Linda Stephens, J.) Appealed from Pasquotank County District Court (Robert Trivette, J.) N.C. App. Holding: Both the parties’ qualified domestic relations […]
Contract – Unjust Enrichment – Restitution – Tort/Negligence – Breach of Fiduciary Duty
SRS Arlington Offices 1, LLC v. Arlington Condominium Owners Association, Inc. (Lawyers Weekly No. 14-07-0620, 17 pp.) (Wanda Bryant, J.) Appealed from Mecklenburg County Superior Court (F. Lane Williamson, J.) […]
Real Property – Contract – Materialman’s Lien – Subsequent Purchaser – Mortgages – Unjust Enrichment
John Conner Construction, Inc. v. Grandfather Holding Co. Where the plaintiff-contractors started working on the land at issue for defendant Grandfather Holding Co. before Grandfather Holding even entered into formal negotiations to buy the land, the contractors had no statutory right to file a claim of lien on the property.
Contract – Unjust Enrichment – Conferral of Benefit – Indirect – Post-Hurricane Ice Deliveries
New Prime, Inc. v. Harris Transport Co. Even though plaintiff did not directly confer a benefit on defendants, defendants were unjustly enriched when they mistakenly received payment for shipments of ice that plaintiff made and when they refused to turn over that payment to plaintiff.
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