A lawsuit regarding a residential property development, in which the Plaintiffs made claims against the developer of the project, its lenders, appraisers, and others under the Interstate Land Sales Full Disclosure Act, and for fraud, breach of fiduciary duty, and breach of contract, among others, fell within the Business Court’s mandatory jurisdiction. Some of the
TelSouth Solutions, Inc. v.Voyss Liquidation Co., LLC, December 6, 2008 (Diaz)(unpublished)
The Court held that a party which failed to appear for a show cause hearing at the direction of the Court, having received notice of the hearing, would be held in contempt. The Court determined that the non-appearance was a “[w]illful . . . failure to comply with schedules and practices of the court resulting
Ehrenhaus v. Baker, 2008 NCBC 19 (N.C. Super. Ct. November 3, 2008)(Diaz)
The Court denied a Motion for Expedited Discovery in a shareholder class action seeking injunctive relief against the merger of two national banks, finding that the facts necessary to decide the motion were already publicly known.
The Court considered several different tests for when expedited discovery should be allowed, including:
Crown Crafts, Inc. v. Aldrich
Bueche v. Noel, November 25, 2008 (Diaz)(unpublished)
A default judgment against an individual is not permitted without the Court first determining whether the defendant is in active military service. The Servicemembers Civil Relief Act, 50 U.S.C. app. §501-596 requires a party seeking a default to "file with the court an affidavit . . . (A) stating whether or not the defendant is
Johnson v. Johnson, August 21, 2007 (Tennille)(unpublished)
A case does not have to be "complex" in order to qualify for the Business Court’s mandatory jurisdiction. In Johnson v. Johnson, the Court held that:
Plaintiff argues that the legal issues in this matter are not so complex as to warrant Rule 2.1 designation. Yet complexity or the lack thereof is not an issue
Arbitration Provision Enforced Even Though It Was Never Signed By Plaintiff
The Plaintiff had never signed the agreements containing the arbitration provisions which the Defendant sought to enforce, but the Business Court on November 19 nevertheless granted a Motion to Compel Arbitration in American Drywall Construction, Inc. v. Superior Construction Corp.,
The Plaintiff was a subcontractor, the Defendant was the general contractor. The Defendant prepared
Faruque v. Bishopric, November 18, 2008 (Tennille)(unpublished)
The Court dismissed unfair and deceptive trade practice claims in a dispute among doctors based on the "learned profession" exemption and because the dispute was not "in commerce."
Plaintiff alleged that her partners had forced her out of their medical practice. Judge Tennille (in a very short order), held that "North Carolina Appellate Courts have
Burgess v. American Express Company, Inc., April 17, 2007 (Tennille)(unpublished)
The Court had mandatory jurisdiction over a case involving Internet advertising, holding "[t]hat issue falls squarely within the definition of N.C. Gen. Stat. § 7A-45.4(a)(6) which covers material issues related to the Internet and electronic commerce. It also involves issues that would have implications for use of the Internet by others, both consumers and advertisers
Warren v. Eli Research, February 28, 2008 (Tennille)(unpublished)
Stratton v. RBC Centura Banks, November 20, 2007 (Tennille)(unpublished)
The Business Court held that it had jurisdiction over a case relating to securities law under N.C. Gen. Stat. sec. 7A-45.4(a)(2). The Complaint concerned issues regarding the ownership of shares in Centura Bank.