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What is the difference between a "proper" party and a "necessary" party"? Judge McGuire spelled out the difference early this week in Cape Hatteras Electric Membership Corp. v. Stevenson, 2014 NCBC 62.
Why should you care about the distinction? Because Rule 19 of the North Carolina Rules of Civil Procedure says that all "who
When there is a change in the Business Court Judge handling your case, there is probably a natural reaction to try to get the new Judge to revisit rulings by the previous Judge which were unfavorable to your client. That effort is most likely to come to naught, as illustrated by Judge Bledsoe’s decision last
LLC “Derivative Action” “Attorneys Fees”
Continue Reading The NC Business Court Rules On Recovering Attorneys’ Fees In A Derivative Action Against An LLC
Be sure that an LLC member has the authority to hire you before accepting the representation of the LLC in a suit by or against another LLC member. That authorization generally requires a majority of the interest of the members, at least under the default provisions of the LLC Act, which apply in the absence
Yesterday, the Business Court entered an important Order, titled "Order Regarding Notice of Designation and Assignment," in Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc., 2014 NCBC 55.
The Order deals with the time limits for designating a case to the Business Court, and clears up the question of when and where a
If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They were pointed out in Judge McGuire’s unpublished
United States District Court Judge Catherine Eagles of the Middle District of North Carolina delivered an admonition last week to all of the lawyers with cases in her Court.
You can read the "text order" here, but she said it was prompted by a recent "rash of briefs" that were out of compliance with
Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia Cosmovision, Inc. v. The Inspiration Networks, 2014 NCBC 51.
The main issue in La Familia
There’s a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, and it bars the plaintiff from proceeding with discovery until the trade secrets allegedly being misused by the defendant are identified with
There was enough worth talking about in Judge Bledsoe’s opinion in National Financial Partners Corp. v. Ray, 2014 NCBC 49, which I posted about yesterday, to warrant a second post.
What I didn’t discuss yesterday was the question answered in the National Financial opinion: whether a lawyer can object, on the basis