This week, in an Opinion in Safety Test & Equipment Co. v. American Safety Utility Corp., 2014 NCBC 40, Judge Gale made a significant ruling on which party bears the burden of proof in showing a waiver of the attorney-client privilege (or showing the absence of a waiver)..
The elements that must be shown
I don’t know any lawyers who specialize in winding up corporations, but if any of you are out there, you should read this post.
It is important to remember, when winding up a corporation, that "principals and directors of a corporation owe a fiduciary duty to creditors of the corporation when the corporation is insolvent
I think I might have made a Motion for a More Definite Statement. If I did that, I did it only once, and I can’t remember the result. Asking for a more definite statement is a rarely used litigation maneuver, allowed by Rule 12(e) of the North Carolina Rules of Civil Procedure.
The Defendant
If you litigate cases in the NC Business Court, mark your calendar for October 1st. That’s when the General Assembly’s "modernization" of the Business Court is due to become effective. The bill containing these changes was signed into law by Governor McCrory last week.
I wrote about the proposed bill back in May, and
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If you’ve been reading this blog for a while, you know that once a case is in the Business Court, it is in there forever, even if the issues that justified it being there in the first place are subsequently resolved.
But when does the Court’s jurisdiction begin? You might think it is when
The Business Court is electronic. Paper copies of documents are not filed with the Business Court. So when you e-file a Notice of Appeal, is that sufficient for purposes of Rule 3 of the NC Rules of Appellate Procedure?
Let’s look at the Rule first. It says that:
Any party entitled by law to appeal
When I was a young pup preparing to go to court against the uncommon adversary who was proceeding without a lawyer, I would joke that "I hope I don’t lose." Luckily, I never did.
But the Plaintiff in Seraph Garrison, LLC v. Garrison, 2014 NCBC 28, didn’t have the same good luck. It
The lawsuit filed by the Atlantic Coast Conference against the University of Maryland continues to percolate in the North Carolina Business Court. But the University will have to proceed without its chosen attorneys, as the Court last week refused to admit them on a pro hac vice basis. The decision came in an Order in
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Charlotte attorney Louis A. Bledsoe, III has been appointed by Governor Pat McCrory as a Special Superior Court Judge, and NC Supreme Court Justice Sarah Parker has designated him as a Special Superior Court for Complex Business Cases, which means he will be handling cases in the Business Court.
The Governor’s press release said this
There’s an ominous sounding sentence in a Business Court decision this week:
A party practicing before the North Carolina Business Court should take the deadlines imposed by its orders and the rules of practice very seriously.
Estate of Capps v. Blondeau. 2014 NCBC 24 at ¶36. It is so ominous sounding that you