Greensboro, NC
Business Lawyer at Greensboro, NC
Practice Areas: Business, Tax ... +3 more
OUTCOME: Court denied defendant's motion to dismiss for lack of jurisdiction and improper venue, finding court had jurisdiction and venue was proper.
New York defendant sought to avoid jurisdiction of federal district court in North Carolina in suit over promissory notes. Plaintiff showed defendant signed several notes, delivered the notes to plaint ... iff in North Carolina, and that funds were advanced in North Carolina.
OUTCOME: Court denied AOL's motion to dismiss and Iconbazaar's (our client) case was allowed to proceed.
Iconbazaar, owner of computer icons (.gif files) sued America Online, Inc. ("AOL") for copyright infringement caused by AOL's unauthorized use of Iconbazaar's icons. Court held that Iconbazaar's image ... s were protected under federal copyright law and Iconbazaar satisfied registration requirement.
OUTCOME: Court awarded attorneys' fees based on lodestar approach. Apportionment among defendants was not warranted because all defendants actively participated in conspiracy.
Attorneys for consumers prevailed greatly in their suit against local retail oil companies for illegal price-fixing scheme in which oil companies conspired to fix the retail price of gasoline, even tho ... ugh no damage award was obtained where attorneys' institution of suit forced defendants to cease their illegal price-fixing scheme. As a result, attorneys were entitled to award of attorneys' fees.
OUTCOME: Jury found defendants enegaed in illegal price-fixing scheme to manipulate the retail price of gasoline.
Retailers of gasoline met and telephoned each other to conspire to illegally fix the retail price of gasoline. Parallel price fixing so unusual that in absence of advanced agreement no reasonable firm ... would engage in such fixing was sufficient to establish conspiracy under Sherman Act.
OUTCOME: Court dismissed all claims against the bank.
Oil jobber sued bank alleging bank fraudulently induced oil jobber to enter into loan modification agreement, then breach fiduciary duty by foreclosing on real property securing loan. We established th ... e bank owed no fiduciary duty to its customer, that customer waived any defense based on fraud, coercion or duress, and that bank did not breach contract with customer.
OUTCOME: Fifth Amendment is violated when defendant, who is defendant in both criminal and civil case, is forced to choose between waiver of testimonial privilege and automatic entry of adverse judgment in civil case.
SEC civil enforcement action against accountant in conjunction with a parallel criminal proceeding. Defendant asserted his Fifth Amendment privilege in both cases and SEC sought an entry of judgment in ... the civil action based on defendant's invocation of Fifth Amendment privilege.
OUTCOME: Court of Appeals reversed trial court holding that factors to be considered included value of materials, original contract specifications, unexpected nature of work, and importance of materials to operation of system in which they are used.
Subcontractor's supplier brought action against general contractor's surety on payment bond required by the Georgia Little Miller Act. Surety contended claim was untimely based on date of last work fur ... nished to project. Court granted surety's motion for summary judgment. Supplier appealed.
OUTCOME: Court of Appeals dismissed guarantors' claims against lender.
Petroleum seller filed action against guarantors following debtor's failure to pay for petroleum products. Guarantors filed third-party complaint against lender which allegedly breached lending agreeme ... nt with debtor corporation. Lender filed action to dismiss third-party complaint.
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