In what County should a lawsuit seeking the final distribution of the assets of a limited liability company which has already been dissolved be filed? The answer is in the county where the LLC’s principal office is or was located. The Court therefore transferred venue in this case from Mecklenburg County to Forsyth County, finding
Case Database
State of North Carolina ex rel. Cooper v. Imergent, Inc., July 31, 2007 (Tennille)(unpublished)
By Mack Sperling on
Posted in Internet And E-Commerce
There is no limitation on the Business Court’s jurisdiction when it comes to cases involving the Internet and e-commerce. "The legislature specifically included cases relating to those subjects without any limitation on the nature of the legal issues involved. . . .It did so in order to provide a court with expertise in these areas…
Media Network, Inc. v. Long Haymes Carr, Inc., January 14, 2008 (Diaz)(unpublished)
By Mack Sperling on
Posted in Attorney Fees, Unfair & Deceptive Practices
The Court declined to award attorneys’ fees under the Unfair and Deceptive Practices Statute. It found that there was no unwarranted refusal to fully resolve the matter, the case involved unique issues of law, and the defendant had valid reasons to refuse to settle this matter and to litigate it to conclusion.
Kornegay v. Aspen Asset Group, LLC, February 5, 2008 (Diaz)(unpublished)
By Mack Sperling on
Posted in NC Wage & Hour Act
The individual defendants were personally liable for the judgment obtained by plaintiff under the North Carolina Wage and Hour Act. The Court refused to award liquidated damages, however, finding that the defendant had acted in good faith and had a reasonable basis for believing that their refusal to pay bonuses was not in violation of…
Hilb Rogal & Hobbs Co. v. Sellars, January 29, 2008 (Diaz)(unpublished)
By Mack Sperling on
Posted in Covenants Not To Compete
The Court granted a preliminary injunction on a covenant not to compete even though defendant denied that he had signed the agreement and presented a handwriting expert who testified that his signature had been forged. The Court found that New York law applied to the covenant, that New York law permitted blue pencilling, and that…
Edgewater Services, Inc. v. Epic Logistics, Inc., October 22, 2007 (Jolly)(unpublished)
By Mack Sperling on
Posted in Covenants Not To Compete
The Court discussed the consideration element of a post-employment covenant not to compete, nothing that an increase in compensation or a job promotion can be sufficient consideration.
The Court held the non-compete at issue invalid for other reasons, however, involving its temporal and geographic scope. First, the Court held that the covenant prevented the defendant…
Epes v. Healthsouth Corp., November 20, 2007 (Tennille)(unpublished)
By Mack Sperling on
Posted in Case Database
The Court granted a Motion to Strike, finding that statements made in the Complaint had been made in the course of settlement negotiations, and therefore inadmissible pursuant to Rule 408 of the North Carolina Rules of Evidence. The Court rejected the argument that the statements concerned settlement of a different claim, not at issue in…
Levy Investments v. James River Group, Inc., September 19, 2007 (Tennille)(unpublished)
By Mack Sperling on
Posted in Mergers, Motion To Stay
There were parallel actions challenging a merger, one in Delaware and one, filed first, in North Carolina. Defendant filed a motion to stay the North Carolina action. The Court identified twelve factors it would consider in such situations, including whether the issues should be settled in the corporation’s state of incorporation, the convenience of parties…
Epes v. Healthsouth Corp, February 8, 2008 (Tennille)(unpublished)
By Mack Sperling on
Posted in Contract Interpretation, Tortious Interference
The issue was whether a letter formed an enforceable contract. After a thorough discussion of the elements of a valid contract, the Court found that the letter lacked mutual assent as to material elements necessary to create an enforceable contract, including the price to be paid, identification of the parties, and the subject matter of the…
Burgess v. Vitola, 2008 NCBC 4 (N.C. Super. Ct. Feb. 26, 2008)(Diaz)
By Mack Sperling on
Posted in Internet And E-Commerce, Jurisdiction
The Court found that it lacked personal jurisdiction over out-of-state doctors and dentists who had allegedly sent internet advertising to plaintiff, a North Carolina resident. The Court rejected plaintiff’s argument that there was jurisdiction under N.C.G.S. §1-75.4(4)(a), which allows for the assertion of jurisdiction when “solicitation or services activities were carried on within this State…