The Court denied a Motion for Preliminary Injunction under the North Carolina Trade Secrets Protection Act.
Plaintiff had failed to show a likelihood of success on the merits, for a number of reasons. First, the manufacturing process which Plaintiff claimed was a trade secret was not meeting the requirements of the third party buyer involved
When the parties to a contract have negotiated and agreed to a mandatory forum selection clause, that clause is valid except when compelling reasons dictate otherwise.
The Court enforced a forum selection clause in a franchise agreement, and transferred venue of the case from Gaston County to Buncombe County.
A shareholder who guarantees the debt of a corporation does not have an injury "separate and distinct" from the injury sustained by the corporation itself. The shareholder did not standing to pursue damages for the breach of a contract with the corporation. A shareholder "cannot assert claims against a third party for loss of its
If you are thinking of designating a case to the Business Court because the Complaint raises allegations that the corporate veil should be pierced, stop. Those types of allegations, without more, aren’t enough to invoke the mandatory jurisdiction of the Court.
There was a short order on that subject yesterday in CCE Development Corp. v.
Order granting a preliminary injunction enjoining a foreclosure based on plaintiffs showing that “’there is a serious controversy’” as to default or the enforceability of the loan documents at issue."
The Court granted the motion to dismiss of a member of an LLC in which the Plaintiff sought dissolution, ruling that “'[i]t is not necessary to join members as parties to a proceeding to dissolve a limited liability company unless relief is sought against them individually, however the court shall order that appropriate notice of
The Court had mandatory jurisdiction over Plaintiff’s complaint because it involved the interpretation of a shareholders agreement, and also because it involved the rights to manufacture certain products and use certain processes covered by patents.
Once the Business Court takes jurisdiction over a case, that jurisdiction remains in place for the life of the case, regardless of dismissals of parties or changes in the nature of the claims.
That was the ruling of the Court last week in Mattress Now, Inc. v. KS Bank, Inc. in response to the Plaintiff’s
The Business Court now has jurisdiction over utility pole disputes between communications providers and municipalities. That surprising expansion of the Court’s jurisdiction is thanks to a new law passed at the just concluded session of the North Carolina Legislature.
New section 62-55 of the General Statutes requires a municipality that "owns or controls poles, ducts
Once the Business Court takes jurisdiction over case, that jurisdiction remains in place for the life of the case, regardless of dismissals of parties or changes in the nature of the claims.
In this case, the Plaintiff moved to remand the case to Superior Court, arguing that it had settled its claims with the party