Plaintiff sued to impose a constructive trust on property purchased by the Defendant LLC at a foreclosure sale.  It alleged that some of the members of the Defendant LLC had been members of the LLC which had defaulted on the mortgage loan in question.  Plaintiff contended that it was "inequitable for [the Defendant] to own…

The Court entered a Temporary Restraining Order in a dispute between jewelers with similar trademarks.  Plaintiff holds a North Carolina state trademark registration for Windsor Jewelers, Inc., and was seeking to enjoin Defendant from using the name Windsor Fine Jewelers.

The TRO says that:

Defendants’ intent to confuse the consuming public is clear, as (notwithstanding

…

When a Plaintiff files a Rule 41 dismissal, and then refiles his action, Rule 41(d) of the North Carolina Rules of Civil Procedure requires that he must pay the costs of the first action as a prerequisite to pursuing the new action.  "[T}his section establishes a mechanical condition precedent that must be satisfied before that…

The Court held that a party which failed to appear for a show cause hearing at the direction of the Court, having received notice of the hearing, would be held in contempt.  The Court determined that the non-appearance was a “[w]illful . . . failure to comply with schedules and practices of the court resulting…

A default judgment against an individual is not permitted without the Court first determining whether the defendant is in active military service.  The Servicemembers Civil Relief Act, 50 U.S.C. app. §501-596 requires a party seeking a default to "file with the court an affidavit . . . (A) stating whether or not the defendant is…

Plaintiffs claimed that the Defendant Union had violated the North Carolina Identity Theft Protection Act by its posting of a list of their social security numbers on a company bulletin board.  The Plaintifs also made claims for unfair and deceptive trade practices and for invasion of privacy.

The Act specifically provides that a business may…