NC Fiduciary Litigation Commentary

Lord & Lindley - Lawyers in Charlotte NC

Eastern District Of North Carolina Predicts the North Carolina Supreme Court Will Apply the Doctrine Of Inevitable Disclosure “under Certain Circumstances.”

September 30, 2015

            The Eastern District of North Carolina recently decided a case affirming that, while North Carolina courts have not yet adopted the doctrine of inevitable disclosure, North Carolina would adopt the doctrine under certain circumstances.[1]  Spirax Sarco, Inc., (“Spirax”), alleged a claim for, among other things, injunctive relief under the…

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Ncbc: Fifty-mile Customer Based Geographic Restriction Makes Non-compete Agreement Unreasonable

September 9, 2015

           In August, the North Carolina Business Court (“NCBC”) determined a non-compete agreement was unreasonable because of its overly broad geographic restriction, and denied Plaintiff’s motion for preliminary injunction to prohibit a former employee from competing with it.[1]              In North Carolina, non-compete agreements are generally…

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Fired for Discrimination Complaint: Wrongful Termination Suit Fails to Survive Motion to Dismiss

July 1, 2015

     The North Carolina Court of Appeals recently affirmed a trial court’s decision to grant a motion to dismiss a lawsuit when the Plaintiff, Lisa Green-Hayes (“Green-Hayes”) failed to properly state a claim for retaliatory wrongful termination.[1]  In her complaint, Green-Hayes alleged she was subjected to the “discriminatory employment practices and … attitude of…

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