February 2012
How Much Is That Doggie In The Window? (Not Much, Says The NC Court Of Appeals)
The North Carolina Court of Appeals ruled last week in Shera v. N.C. State University Veterinary Teaching Hospital that dog owners are not entitled to recover damages for the negligent death of their pet beyond the cost to replace the pet. In other words, a sentimental attachment to a pet does not result in an…
Don’t Keep Your Trade Secrets Secret If You Are Pursuing A Trade Secrets Claim In The Business Court
I’ve written before about trade secrets claims being dismissed by the Business Court and the NC Court of Appeals because the trade secrets were too broadly referenced and not described with “sufficient particularity". Two of those cases are Akzo Nobel Coatings Inc. v. Rogers, 2011 NCBC 41; and Washburn v. Yadkin Valley Bank …
A Trustee Can’t Tell The Trust He Serves To “Take This Job And Shove It”
It’s not easy to walk away from your fiduciary duties as a trustee, even if you try to resign. That’s the subject of Judge Murphy’s opinion this week in Wortman v. Hutaff, 2012 NCBC 9.
Two of the Defendants, Moyer and Hutaff, were trustees of a trust established by Dan L. Moser. They resigned…