Quantcast

Tag Archives: Unfair Trade Practices

Banks & Banking — Unfair Trade Practices – Regulated Industry Exemption – Consumer Protection Code – Real Property (access required)

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 ...

Read More »

Tort/Negligence – Unfair Trade Practices – Civil Practice – Party Defendant – Corporate Officer (access required)

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.

Read More »

Insurance – Breach of Contract – Standing – Unfair Trade Practices (access required)

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.

Read More »

Attorneys – Tort/Negligence — Legal Malpractice Claim – Real Property – Closing – Fiduciary Duty – Unfair Trade Practices – Securities (access required)

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.

Read More »

Tort/Negligence – Real Property – Slander of Title – Lis Pendens – Absolute Privilege – Unfair Trade Practices – Breach of Contract – Abuse of Process (access required)

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.

Read More »

Intellectual Property – Trade Dress Infringement – Cookware – Unfair Trade Practices – Treble Damages (access required)

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.

Read More »

Contract – Breach Claim – Tort/Negligence – Conversion Jury Instruction – Unfair Trade Practices (access required)

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.

Read More »