Martin Marietta Corp. v. Wake Stone Corp.
Cases that cite this one
7 later published cases cite this decision.
- Sitelink Software, LLC v. Red Nova Labs, Inc. (North Carolina Business Court 2018)
- Hedgepeth v. Lexington State Bank (N.C. Ct. App. 2013)
- Holleman v. Aiken (N.C. Ct. App. 2008)
- Burgess v. Busby (N.C. Ct. App. 2001)
- Walker v. Sloan (N.C. Ct. App. 2000)
- Wake Stone Corp. v. Aetna Casualty & Surety Co. (District Court, E.D. North Carolina 1998)
- Howard v. Jackson (N.C. Ct. App. 1995)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Having reviewed the record, briefs and oral arguments of the parties, the Court concludes that the record contains a forecast of evidence from which a jury could find that defendants knowingly, or in reckless disregard of the truth, made and distributed statements which were both false and designed to injure or destroy plaintiffs’ business in Nash County, thereby eliminating competition in that area. Such statements do not enjoy constitutional protection. McDonald v. Smith, 472 U.S. 479, 86 L. Ed. 2d 384 (1985). They are “unfair” within the meaning and intent of N.C.G.S. § 75-1.1 and unlawful under the prohibitions contained in N.C.G.S. § 75-5(3). Accordingly, the Court of Appeals was correct in reversing the trial court’s grant of defendants’ motion for summary judgment on plaintiffs’ unfair or deceptive trade practice claim. The decision of the Court of Appeals is therefore
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.