In its first significant opinion of the new year, the Business Court interpreted the pricing mechanism contained in a contract between convenience store operator The Pantry and CITGO, its supplier of gasoline. The case, which handed a win to CITGO allowing it to charge higher prices than those urged by The Pantry, is The Pantry,
North Carolina Court Of Appeals Reinstates Antitrust Class Action
The courthouse door in North Carolina is now wide open to antitrust plaintiffs making indirect purchaser claims, after the Court of Appeals’ decision this week in Teague v. Bayer. That decision reverses the North Carolina Business Court’s dismissal of the case for lack of standing.
For those whose hearts don’t start beating faster when
Miller & Long, Inc. v. Intracoastal Living, LLC, January 8, 2009 (Jolly)(unpublished)
Plaintiff sued to impose a constructive trust on property purchased by the Defendant LLC at a foreclosure sale. It alleged that some of the members of the Defendant LLC had been members of the LLC which had defaulted on the mortgage loan in question. Plaintiff contended that it was "inequitable for [the Defendant] to own
Kohler Co. v. McIvor, October 13, 2004 (Diaz)(unpublished)
This is an opinion from Judge Diaz before he joined the Business Court, in which he denied a Motion for Sanctions.
The basis for the Motion was that Plaintiff should not have taken the position that North Carolina law applied to the covenant not to compete at issue. The Defendant worked for Plaintiff in North
Walters & Zimmerman, PLLC v. Zimmerman,, January 7, 2009 (Tennille)(unpublished)
The Court appointed a receiver to conduct the winding up of a dissolved professional corporation. One of the reasons given by the Court was that the Member-Manager of the dissolved entity, a law firm, had a conflict due to her individual interests and the interests of her new professional corporation.
Ehrenhaus v. Baker, 2008 NCBC 20 (N.C. Super. Ct. Dec. 5, 2008)
The Court denied a motion for preliminary injunction in this litigation involving the merger of Wachovia and Wells Fargo.
The principal holdings of the decision were that (1) the Wachovia Board of Directors, in approving the merger deal, satisfied its obligations under the Business Judgment Rule in light of the dire economic circumstances and lack
Windsor Jewelers, Inc. v. Windsor Fine Jewelers, LLC, November 19, 2008 (Diaz)(unpublished)
The Court entered a Temporary Restraining Order in a dispute between jewelers with similar trademarks. Plaintiff holds a North Carolina state trademark registration for Windsor Jewelers, Inc., and was seeking to enjoin Defendant from using the name Windsor Fine Jewelers.
The TRO says that:
Defendants’ intent to confuse the consuming public is clear, as (notwithstanding
American Drywall Construction, Inc. v. Superior Construction Corp., November 19, 2008 (Jolly)(unpublished)
This case enforced an arbitration provision, even though the Plaintiff had never signed the agreements which contained the arbitration provision.
A Motion to Compel Arbitration was granted, because the Plaintiff had done the work described in the agreements and was seeking payment pursuant to those agreements, it had submitted applications for payment pursuant to the
Covenant Equipment Corp. v. Forklift Pro, Inc., October 3, 2008 (Tennille)(unpublished)
This case interpreted South Carolina law — different than North Carolina law — on the enforceability of a confidentiality agreement that the Defendant argued was overly broad.
The South Carolina precedent is Carolina Chemical Equipment Co. v. Muckenfuss, 471 S.E.2d 721 (S.C. 1996), where the South Carolina Supreme Court held that a broad confidentiality
J Freeman Floor Company, LLC v. Freeman, December 18, 2008 (Diaz)(unpublished)
When a Plaintiff files a Rule 41 dismissal, and then refiles his action, Rule 41(d) of the North Carolina Rules of Civil Procedure requires that he must pay the costs of the first action as a prerequisite to pursuing the new action. "[T}his section establishes a mechanical condition precedent that must be satisfied before that