Krawiec v. Manly

811 S.E.2d 542, 370 N.C. 602
CourtSupreme Court of North Carolina
DecidedApril 6, 2018
Docket252A16
StatusPublished
Cited by186 cases

This text of 811 S.E.2d 542 (Krawiec v. Manly) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krawiec v. Manly, 811 S.E.2d 542, 370 N.C. 602 (N.C. 2018).

Opinions

JACKSON, Justice.

*545**604In this case we consider whether plaintiffs have stated claims for tortious interference with contract, misappropriation *546of trade secrets, unfair and deceptive practices, civil conspiracy, and unjust enrichment sufficient to survive defendants' motions to dismiss pursuant to North Carolina Rule of Civil Procedure 12(b)(6). See N.C.G.S. § 1A-1, Rule 12(b)(6) (2017). Because we conclude that plaintiffs' amended complaint reveals the absence of law or facts essential to these claims, or alleges facts that necessarily defeat these claims, we affirm the portions of the North Carolina Business Court's 22 January 2016 Order and Opinion on Defendants' Motions to Dismiss Amended Complaint dismissing the claims listed above.

According to the factual allegations in plaintiffs' amended complaint, which we take as true for purposes of reviewing an order on a motion to dismiss pursuant to Rule 12(b)(6), see State ex rel. Cooper v. Ridgeway Brands Mfg., LLC , 362 N.C. 431, 442, 666 S.E.2d 107, 114 (2008) (quoting Stein v. Asheville City Bd. of Educ. , 360 N.C. 321, 325, 626 S.E.2d 263, 266 (2006) ), plaintiffs Michael Krawiec and Jennifer Krawiec are residents and citizens of North Carolina who own plaintiff Happy Dance, Inc./CMT Dance, Inc. (Happy Dance)-a North Carolina corporation doing business as Fred Astaire Franchised Dance Studios in Forsyth County. Defendants Jim Manly and Monette Manly own **605defendant Metropolitan Ballroom, LLC (Metropolitan Ballroom) (collectively, the Metropolitan defendants), which is a North Carolina limited liability company doing business in Mecklenburg County. Defendants Ranko Bogosavac, a citizen of Bosnia and Herzegovina, and Darinka Divljak, a Serbian citizen, (the dancer defendants) were employed by plaintiffs pursuant to O1-B nonimmigrant work visas.

On or about 18 July 2011, plaintiffs entered into contracts with Bogosavac and Divljak pursuant to which plaintiffs procured the visas in exchange for each dancer's express promise to work exclusively for plaintiffs as a dance instructor and performer. Bogosavac, who previously had been employed by plaintiffs, was to work exclusively for plaintiffs from 31 January 2012 to 3 January 2013, and Divljak was to do the same from 1 September 2011 to 31 August 2014. The dancer defendants also agreed not to work for any other company that offered dance instruction or competed against Happy Dance for one year after either the expiration or termination of their employment with Happy Dance.

On or about 7 February 2012, the dancer defendants began working as dance instructors for the Metropolitan defendants in violation of their respective employment agreements with plaintiffs. In support of this allegation, plaintiffs attached to their amended complaint copies of Bogosavac's and Divljak's biographies as they appeared on a list of Metropolitan Ballroom's staff on Metropolitan Ballroom's website on 7 February 2012. In addition, according to plaintiffs, the dancer defendants shared confidential information with the Metropolitan defendants, specifically, plaintiffs' "ideas and concepts for dance productions, marketing strategies and tactics, as well as ... customer lists [containing] contact information." From this information, the Metropolitan defendants produced and marketed plaintiffs' dance shows as their own, original productions. The dancer defendants also lured away plaintiffs' customers, resulting in a significant loss of revenue for plaintiffs.

Based on these factual allegations, plaintiffs asserted various causes of action against all defendants. The Metropolitan defendants and dancer defendants all filed motions to dismiss the amended complaint in its entirety pursuant to Rule 12(b)(6). In its order and opinion regarding the motions to dismiss, the Business Court granted defendants' motions as to all of plaintiffs' claims except for plaintiffs' claims for breach of contract, fraudulent misrepresentation, unjust enrichment, and punitive damages against the dancer defendants. Plaintiffs filed a notice of appeal from the Business Court's order and opinion to this Court pursuant to N.C.G.S. § 7A-27(a)(2)-(3). In their appeal, plaintiffs challenge the Business Court's dismissal of their claims against the Metropolitan **606defendants for tortious interference with contract, misappropriation of trade secrets, unfair and deceptive practices, civil conspiracy, and unjust enrichment. Plaintiffs also contest the Business Court's dismissal of their claims against the dancer defendants for misappropriation of trade secrets and civil conspiracy. We consider each of plaintiffs' dismissed claims in turn.

On appeal from an order dismissing an action pursuant to Rule 12(b)(6), we conduct de novo review. Arnesen v. Rivers Edge Golf Club & Plantation, Inc. , 368 N.C. 440, 448, 781 S.E.2d 1, 8 (2015) (citing Bridges v. Parrish , 366 N.C. 539, 541, 742 S.E.2d 794, 796 (2013) ). A Rule 12(b)(6) dismissal "is appropriate when the complaint 'fail[s] to state a claim upon which relief can be granted.' " Id. at 448, 781 S.E.2d at 7 (alteration in original) (quoting N.C.G.S. § 1A-1, Rule 12(b)(6) (2013) ). We have determined that a complaint fails in this manner when: "(1) the complaint on its face reveals that no law supports the plaintiff's claim; (2) the complaint on its face reveals the absence of facts sufficient to make a good claim; or (3) the complaint discloses some fact that necessarily defeats the plaintiff's claim." Wood v. Guilford County , 355 N.C. 161, 166, 558 S.E.2d 490, 494 (2002) (citing Oates v. JAG, Inc. , 314 N.C. 276

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Evergreen Builder Sols., LLC v. Taylor
2025 NCBC 77 (North Carolina Business Court, 2025)
Fred Smith Co. v. Smith
2025 NCBC 70 (North Carolina Business Court, 2025)
Britcher v. Assurance Grp., LLC
2025 NCBC 68 (North Carolina Business Court, 2025)
Aspen Specialty Ins. Co. v. Nucor Corp.
2025 NCBC 67 (North Carolina Business Court, 2025)
Tanger Props. Ltd. P'ship v. Ace Am. Ins. Co.
2025 NCBC 66 (North Carolina Business Court, 2025)
Tiller v. Phillips
2025 NCBC 63 (North Carolina Business Court, 2025)
TOM, LLC v. S. River Land Co., LLC
Court of Appeals of North Carolina, 2025
Iti Commc'ns, LLC v. Seamon, Whiteside, & Assocs., Inc.
2025 NCBC 58 (North Carolina Business Court, 2025)
Wallace & Wallace Props., LLC v. AQE Servs., LLC
Court of Appeals of North Carolina, 2025
Implus Footcare, LLC v. Vore
2025 NCBC 55 (North Carolina Business Court, 2025)
Carolina Med. Partners, Pllc v. Shah
2025 NCBC 52 (North Carolina Business Court, 2025)
Oak Grove Techs., LLC v. Seventh Dimension, LLC
2025 NCBC 50 (North Carolina Business Court, 2025)
Deleuran v. Thompson
2025 NCBC 48 (North Carolina Business Court, 2025)
Qian v. Zheng
2025 NCBC 46 (North Carolina Business Court, 2025)
Port Trinitie Homeowners Ass'n v. Port Trinitie Ass'n
2025 NCBC 43 (North Carolina Business Court, 2025)
Orange Peel Events, LLC v. Ninja Brewing, Inc.
2025 NCBC 39 (North Carolina Business Court, 2025)
Vincelette v. Court
2025 NCBC 38 (North Carolina Business Court, 2025)
Pridgen v. Carlson
2025 NCBC 36 (North Carolina Business Court, 2025)
Comic Book Certification Serv. LLC v. Cbcs Operations, LLC
2025 NCBC 32 (North Carolina Business Court, 2025)
Sysco Machinery Corporation v. DCS USA Corporation
143 F.4th 222 (Fourth Circuit, 2025)

Cite This Page — Counsel Stack

Bluebook (online)
811 S.E.2d 542, 370 N.C. 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krawiec-v-manly-nc-2018.