75 results for 'court:"North Carolina Business Court"'.
J. Bledsoe allows a general contractor to continue liability claims against a refrigeration company stemming from an accident that resulted in multiple underlying lawsuits because the general contractor sufficiently pleaded it had not been added as an insured by the subcontractor.
Court: North Carolina Business Court, Judge: Bledsoe, Filed On: August 10, 2023, Case #: 2023-NCBC-54, Categories: Insurance, Contract
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: Insurance, Business Practices, Contract
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J. Earp grants a building material company a restraining order in trade secrets claims brought after employees went to work for a competitor by enjoining the employees from utilizing knowledge of the company's customers and contracts.
Court: North Carolina Business Court, Judge: Earp, Filed On: July 7, 2023, Case #: 2023-NCBC-46, Categories: Trade Secrets
J. Conrad denies an office manager summary judgment in counterclaims seeking damages for breach of an employment agreement and violations of the wage and hour act in claims contending the employer failed to give the manager her final payment because genuine issues remain in dispute as to whether the employer believed it acted in good faith concerning the final paycheck.
Court: North Carolina Business Court, Judge: Conrad, Filed On: June 14, 2023, Case #: 2023NCBC42, Categories: Employment, Contract
J. Robinson finds that the Office of Administrative Hearings ruled improperly in this disputed tax case. The Department of Revenue correctly determined the cell phone retailer failed to collect and remit sales tax for “Real Time Replenishments.” Reversed.
Court: North Carolina Business Court, Judge: Robinson, Filed On: June 2, 2023, Case #: 2023 NCBC 39, Categories: Tax
J. Earp denies the former employee's motion to dismiss the civil liability for theft claim brought by the employer. Although trade secrets are not explicitly mentioned in the underlying criminal statutes, the hard copies of business records taken by the employee qualify as chattels belonging to the employer and can be used as the basis for the claim.
Court: North Carolina Business Court, Judge: Earp, Filed On: May 31, 2023, Case #: 2023 NCBC 38, Categories: Employment, Trade Secrets
J. Davis denies the chicken farm owner's motion for summary judgment on fraud counterclaims filed by the insurers, ruling that although it was open about its intent to upgrade the farm following a fire, this disclosure does not insulate it from allegations it included upgrade costs in its submissions for the insurance claims. Additionally, testimony from farm employees and fire damage evaluators supports the counterclaims, which are not based merely on a difference of opinion regarding the property damage; therefore, they must be submitted to a jury.
Court: North Carolina Business Court, Judge: Davis, Filed On: May 31, 2023, Case #: 2023 NCBC 37, Categories: Evidence, Fraud, Insurance