actionable claim in North Carolina

2018To state an actionable claim for civil assault, Plaintiff must plead an "overt act or an attempt, or the unequivocal appearance of an attempt, with force or violence, to do some immediate physical injury to the person of another." Dickens v. Puryear , 302 N.C. 437 , 445, 276 S.E.2d 325 , 331 (1981) (emphasis in original, citation and quotation marks omitted).

2018To state an actionable claim for civil assault, Plaintiff must plead an "overt act or an attempt, or the unequivocal appearance of an attempt, with force or violence, to do some immediate physical injury to the person of another." Dickens v. Puryear , 302 N.C. 437 , 445, 276 S.E.2d 325 , 331 (1981) (emphasis in original, citation and quotation marks omitted).

2012Johnson v. Owens, 263 N.C. 754 (1965). [65] In his fraud Claim, Plaintiff alleges that Douglas and Linda Lewis represented to him that he would be associated with the Defendant Companies on a permanent basis and that he "would remain in the enterprise and continue to receive income therefrom."75 ln response, Douglas and Linda Lewis contend that they did not 72 Martin Aff. ¶ 4. 73 Pl.

2011Johnson v. Owens, 263 N.C. 754, 756 (1965).

2011App. 629, 634 (1996). 26 Id. [38] Further, if there was in fact reliance upon the representation or concealment, an actionable claim for fraud requires the reliance to have been reasonable.

2002Couch, supra. It is well-settled that an actionable claim for fraud must include the following elements: “ ‘(1) [fjalse representation or concealment of a material fact, (2) reasonably calculated to deceive, (3) made with the intent to deceive, (4) which does in fact deceive, (5) resulting in damage to the injured party.’ ” Helms v. Holland, 124 N.C.

2014A UDTPA claim is subject to dismissal at the 12(b)(6) stage if the Amended Complaint fails to properly allege "(1) an unfair or deceptive act or practice, or an unfair method of competition, (2) in or affecting commerce, (3) which proximately caused actual injury to the plaintiff or to his business." Spartan Leasing, Inc. v. Pollard, 101 N.C.

2012Plaintiffs Must Satisfy the Rule 9(b) Pleading Requirement {97} Defendants contend that (1) Plaintiffs’ fraud, fraud in the inducement, and negligent misrepresentation claims should be dismissed for failure to comply with the Rule 9(b) specificity requirement; and (2) that Plaintiffs’ fraud, fraud in the inducement, negligent misrepresentation, unfair and deceptive trade practices, and equitable estoppel claims should be dismissed for lack of reasonable reliance. {98} To state an actionable claim for fraud, the complaint must allege with particularity “(1) that defendant made a false represent

2012App. 602, 610 , 486 S.E.2d 443, 447 (1997). {99} To state an actionable claim for fraudulent inducement, the compliant must allege with specificity: (i) that the defendant made a false representation or concealed a material fact he had a duty to disclose; (ii) that the false representation related to a past or existing fact; (iii) that defendant made the representation knowing it was false or made it recklessly without knowledge of its truth; (iv) that defendant made the representation intending to deceive the plaintiff; (v) that plaintiff reasonably relied on the representation and acted upon

2012Dalton v. Camp, 353 N.C. 647, 651 , 548 S.E.2d 704, 707 (2001) (citation omitted).

2012Dalton v. Camp, 353 N.C. 647, 651 , 548 S.E.2d 704, 707 (2001) (citation omitted).

2012App. 463, 480 , 660 S.E.2d 626, 637 (2008), disc. review denied, 363 N.C. 257 , 676 S.E.2d 900 (2009) (indicating that claims for breach of fiduciary duty that rise to the level of constructive fraud are subject to a ten (10) year statute of limitations). {88} Defendants claim that Plaintiffs have not stated an actionable claim for breach of fiduciary duty, asserting that (1) any de jure fiduciary relationship of accountant and client terminated in 2004 when Hollingsworth sold his accounting practice; and (2) Plaintiffs have failed to sufficiently plead the existence of the level of domination

2009Analysis "[I]t is well settled that the relationship of health-care provider to patient must be established to maintain an actionable claim for medical malpractice." Massengill v. Duke University Medical Center, 133 N.C.

2009App. 336, 338 , 515 S.E.2d 70, 72 (1999) (citing Easter v. Lexington Mem.