Service of process can be made by leaving the Summons and Complaint at the Defendant’s residence, even though not in literal compliance with Rule 4, if the Defendant has evaded service.
The Defendant will waive an objection to service (and to jurisdiction) by filing a Notice of Designation to the North Carolina Business Court, because "the
A Notice of Designation must be actually filed in the county in which the case originated within thirty days of receipt of service of the Complaint in order to be timely, not just served within that time frame.
N.C. Gen. Stat.Sec. 7A-45.4(b) allows a defendant to designate an action as a complex business case "by filing a Notice of
Motion to Dismiss granted where there were "patent inconsistencies" in the Complaint in Plaintiff’s claims of fraudulent inducement regarding an employment agreement.
The Court held "it is patently inconsistent for [one of the Plaintiffs] Hittle to allege, on the one hand, that Defendant never intended to pay the wages promised, and on the other, that Defendant
A counterclaim by a member of a North Carolina LLC against the LLC’s lender for aiding and abetting a breach of fiduciary duty was derivative, not direct.
The Court relied on “[t]he well-established general rule . . . that shareholders cannot pursue individual causes of action against third parties for wrongs or injuries to the corporation that
“Choice of Law” “Aiding and Abetting Breach Of Fiduciary Duty”
Continue Reading Voyager Pharmaceutical Corp. v. Bowen, April 15, 2008 (Jolly)(unpublished)
A Plaintiff has thirty days after the filing of its Complaint to file a Notice of Designation to the Business Court.
Note that this opinion was essentially overruled in August 2012.
The Court denied the entry of a preliminary injunction in a case involving the dissolution of a law firm. The injunction would have prevented the defendants from distributing to themselves the proceeds from contingent fees cases in which the plaintiffs claimed an interest.
The Court held that "[t]he Plaintiffs have not made a convincing showing that
The Defendant failed to file its Notice of Designation to the Business Court within the thirty days of its receipt of either the Complaint or the Amended Complaint, as required by N.C. Gen. Stat. §7A-45.4. The Court denied designation of the case as a mandatory complex business case due to the untimely filing, noting that
The Court threw out a securities fraud case that would otherwise have been within the scope of its mandatory jurisdiction because there were already two cases pending in Wake County making similar claims. One of those cases had already received a Rule 2.1 designation as an exceptional case. The Court found that it would be more efficient
Today, in Nucor Corp. v. Prudential Equity Group, LLC, the Court of Appeals affirmed the 12(b)(6) dismissal of a claim for libel per se against a securities firm.
The firm had published a report about the plaintiff which stated that antitrust lawsuits against the company were possible, and that the company needed to give up