Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are:
accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment,
You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe’s opinion this past Thursday, in Taidoc Technology Corp. v. OK Biotech Co., 2014 NCBC 48.
The Taidoc
Yesterday, Governor Pat McCrory announced that he has appointed Raleigh lawyer Greg McGuire as a Special Superior Court Judge for a term beginning October 13, 2014. The Governor’s plan is to designate Judge McGuire as a Special Superior Court Judge for Complex Business Cases at the beginning of the Judge’s term.
Judge McGuire will serve
It’s probably not too soon to verbify the Business Court’s opinion in Ehrenhaus v. Baker, 2014 NCBC 30, decided a few months ago. If you missed that decision, know that you have to file your Notice of Appeal from a Business Court decision not just by e-filing in the Business Court, but also by
When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates." Rule 1003 of the North Carolina Rules of Evidence says that:
A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as
Three interesting discovery issues were resolved last week by Judge Bledsoe’s Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? Second, can you obtain (in any kind of case) a protective order against the deposition of your client’s
If you want to pursue a trade secrets claim in the Business Court, you’ve got to disclose the details of your trade secret. The Opinion last week in Unimin Corp. v. Gallo, 2014 NCBC 43 illustrates that point in detail.
It seems at first blush like a case made for a preliminary injunction for
I don’t usually write about decisions from the Delaware Court of Chancery because it’s rare for that Court to even mention North Carolina. But a decision by that Court this week — in City of Providence v. First Citizens Bancshares, Inc., explicitly approves that Delaware corporations can, via a forum selection clause in their
When I wrote last week about Americana Development, Inc. v. Ebius Trading & Distributing Co., the Business Court had entered a TRO against the Defendants prohibiting them from disposing of the intellectual property of Defendant Ebius Trading and using the proceeds to pay off debts which had been personally guaranteed by its officers and
Let’s say that you’ve tried a case, you have lost on a few of your claims, but you won a couple of claims and have gotten a judgment for damages against the defendant for $25,000. You’ve billed your client $1,162,895 for your services and your mixed success. And you have a statutory basis for recovering