Breach of Contract Cases

Motion for judgment on the pleadings Civ.R. 12(C) breach of contract constitutional rights federal preemption declaratory judgment. Plaintiff filed this claim against defendant following misconduct proceedings based on his research practices and the non-disciplinary actions that resulted. The court found that plaintiff failed to state a claim for breach of contract because consulting income was not addressed in anything plaintiff submitted that could be his employment contract. Further, the court determined that the issue of how the proceedings were handled was preempted by federal law. The court found that it did not have jurisdiction over plaintiff's constitutional claims. Finally, the court determined that because plaintiff's claims for declaratory relief were subsumed into plaintiff's contract claim, that claim must fail as well. Therefore, the court granted defendant's motion for judgment on the pleadings and plaintiff's claim was dismissed.

Contract Interlocutory appeal Interlocutory order Wage and Hour Act Unjust enrichment Jurisdiction Substantial right Inconsistent verdicts Two trials Alternative pleading Corporation Individual Employee Person N.C. Gen. Stat. § 95-25.

The trial court erred in denying the university's motion to vacate an arbitrator's award. The union's demand for arbitration was made outside of the 30-day period allowed by the parties' collective bargaining agreement, and the arbitrator accordingly lacked jurisdiction to proceed with arbitration. Even if the Chapter had established jurisdiction, the arbitrator improperly substituted his judgment for that of the university where the university's judgment and actions did not violate the provisions of the collective bargaining agreement. Judgment reversed arbitration award vacated.