The owners of a now-closed Greenville automobile repair shop didn’t violate the Unfair Trade Practices Act, but the couple still must pay their opponents’ attorney costs and fees and may yet be required to pay punitive damages for other ...

Tagged with: Unfair Trade Practices

Cantrell v. New Penn Financial, LLC (Lawyers Weekly No. 002-167-17, 10 pp.) (Mary Geiger Lewis, J.) 7:17-cv-01078; D.S.C. Holding: Although the South Carolina Supreme Court has recognized that financial institutions are subject to a robust regulatory regime, it has not ...

Tagged with: regulated industry exemption Unfair Trade Practices

Champion Pro Consulting Group Inc. v. Impact Sports Football LLC (Lawyers Weekly No. 001-001-17, 19 pp.) (Hendricks, D.J.) No. 15-1899, Dec. 22, 2016; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: A sports agent whose client – a University ...

Tagged with: Unfair Trade Practices

First South Bank v. Fifth Third Bank, N.A. (Lawyers Weekly No. 002-150-14, 20 pp.) (Mary Lewis, J.) 7:10-cv-02097; D.S.C. Holding: Where plaintiff asked for and received rescission as a remedy at trial – putting plaintiff back in the position it ...

Tagged with: Unfair Trade Practices

Neeltec Enterprises, Inc. v. Long An officer or controlling person in a corporation may be individually liable for unfair trade practices in which he participates or which he authorizes; therefore, plaintiff is allowed to assert an unfair trade practices claim against defendant Long individually. Plaintiff has the right to decide which party it wishes to sue for certain acts; accordingly, the special referee erred in substituting corporate defendants for Long.

Tagged with: Unfair Trade Practices

Hill v. Canal Insurance Co. The plaintiff, an independent contractor/truck driver, is not a party to the insurance policy between the defendant-trucking company and the defendant-insurer; therefore, she lacks standing to bring a breach of contract claim based on the insurance policy. Defendants’ motions to dismiss are granted.

Tagged with: Breach of Contract Insurance Standing Unfair Trade Practices

RFT Management Co. v. Tinsley & Adams L.L.P. Since the parties agreed at trial that plaintiff’s legal malpractice claim involved questions of fact that required submission of the claim to a jury, plaintiff may not now complain that it was entitled to judgment as a matter of law on its legal malpractice claim.

Tagged with: Attorneys Fiduciary Duty Legal Malpractice Claim Real Property Securities Tort/Negligence Unfair Trade Practices

D. R. Horton, Inc. v. Wescott Land Co. Even though the plaintiff-buyer allowed its first lis pendens to expire while the parties continued to negotiate, the buyer filed a second lis pendens on the same property and perfected it by filing this lawsuit involving that property. Therefore, the first lis pendens cannot form the basis of a slander of title claim.

Tagged with: Breach of Contract Lis pendens Real Property Tort/Negligence Unfair Trade Practices

Belk Inc. v. Meyer Corp. Meyer, a manufacturer of “Anolon Advanced” cookware, wins its suit alleging trade dress infringement and violation of North Carolina unfair trade practices law against defendant Belk department store, which sold a private-label cookware that was “deceptively similar”; the 4th Circuit upholds a $1.26 million damage award for plaintiff.

Tagged with: Intellectual Property Unfair Trade Practices

Hennes v. Shaw Where the complaint alleged and the parties presented evidence on a claim of breach of contract, the trial court erred when it sua sponte instructed the jury on conversion. We affirm the trial court’s grant of a directed verdict for plaintiff on defendant’s unfair trade practices claim. We affirm the trial court’s denial of defendant’s motion for a directed verdict on plaintiff’s breach of contract claim. However, we reverse and remand for a new trial on plaintiff’s claim of breach of contract and defendant’s counterclaims of tortious interference with contract, conspiracy, and breach of fiduciary duty.

Tagged with: Contract Tort/Negligence Unfair Trade Practices