Plaintiff sought to enjoin a foreclosure sale to be conducted for the benefit of the secured lender. Plaintiff was a general contractor who had done substantial work on the property which was the subject of the sale, for which it was owed more than $ 8 million. Efforts of the owner of the property to
Case Database
MJM Investigations, Inc. v. Microsoft Corp., December 13, 2004 (Tennille)(unpublished)
By Mack Sperling on
Posted in Attorney Fees, Class Actions
The Court approved an award of attorneys’ fees of $4 million to class counsel. It found the fees to be reasonable under the percentage of fund approach, the lodestar-multiplier approach, and the fee factors considered in North Carolina cases based on Rule 1.5 of the North Carolina Rules of Professional Conduct.
Sea Ranch II, Inc. v. Sea Ranch II Owners Association, Inc., August 27, 2007 (Tennille)(unpublished)
By Mack Sperling on
Posted in Case Database
The Court found sufficient grounds for the appointment of a receiver, given disputes between the developer of timeshare properties and the homeowners association.
Nucor Corp. v. ConocoPhillips Co., July 31, 2007 (Jolly)(unpublished)
By Mack Sperling on
Posted in Case Database
Defendant had sufficiently pled an agency relationship to survive a motion to dismiss.
Eleanor B. Johnson Limited Partnership v. Ball, February 14, 2008 (Jolly)(unpublished)
By Mack Sperling on
Posted in Arbitration
The Court found that an arbitration agreement involved commerce so as to implicate the Federal Arbitration Act, and found the arbitration provision to be enforceable. The principal issue, however, was whether the Court had jurisdiction to award provisional relief. In this case, that meant the appointment of a receiver.
The Court found that it had…
Sea Ranch II, Inc. v. Sea Ranch II Owners Association, Inc., November 15, 2006 (Tennille)(unpublished)
By Mack Sperling on
Posted in Case Database, Discovery
The Court denied plaintiff’s Motion to Compel because it failure to file a brief in support of its Motion, as required by Rule 15.11 of the Business Court Rules.
Cox v. Mitchell, February 27, 2007 (Tennille)(unpublished)
By Mack Sperling on
Posted in Case Database
The Court denied an objection to designation of a case as a complex business case, apparently made on the ground that the law of North Carolina might not apply. The Court held that "[]t is sufficient for purposes of removal to the Business Court that there are issues concerning which law applies which will have…
Symphony Service Corp. v. Motricity, Inc., October 23, 2007 (Jolly)(unpublished)
By Mack Sperling on
Plaintiff’s counsel violated the Rules of Professional Responsibility by contacting a former employee of the defendant, who had participated substantially in the legal representation of the defendant before his termination. The Court struck the affidavit from the witness proferred by the plaintiff, and ruled that he could not be presented by the plaintiff as a…
Rankin v. Microsoft Corp., June 10, 2004 (Tennille)(unpublished)
By Mack Sperling on
Posted in Attorney Fees, Class Actions
This Motion to Intervene before the Court in this class action case against Microsoft was filed not by a potential party, but by a group of lawyers seeking to share in any fee award to plaintiff’s counsel. The Court refused to allow the lawyers to intervene, because lawyers who have never been counsel of record…
Voyager Pharmaceutical Corp. v. Bowen, February 13, 2007 (Jolly)(unpublished)
By Mack Sperling on
Posted in Inspection Rights
The Court denied the Motion to Intervene by a shareholder of the defendant, a Delaware corporation, by which the proposed intervenor sought to compel an inspection of books and records and to compel an annual meeting. The Court held that "appropriate and efficient remedies" were available under Delaware law.