The contractual interpretation issue before the Business Court in Schultheis v. Hatteras Capital Investment Management, LLC, 2014 NCBC 23, turned on the meaning of the word "with." Well, actually on the phrase "entering into any contract . . . with."
HCIM, one of the Defendants, had acquired a 55% membership interest in
It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues.
But it took the Business Court a while to get to that conclusion last week, in Lancaster v. Harold K. Jordan and Co
A bill was introduced this week in the NC General Assembly that would be entitled "An Act to Modernize the Business Court By Making Technical, Clarifying, And Administrative Changes To The Procedures For Complex Business Cases." Here’s the text of the bill.
This is a summary of the proposed changes:
Appeals From Business Court
There’s no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball).
Maybe there should be, because Jeff Bostic, who played twelve years in the NFL for the Washington Redskins and on
You might remember the derivative action filed against the board of directors of Duke Energy Corporation stemming from its 2012 merger with Progress Energy. It received a lot of publicity. The merger was concluded long ago, but there’s finally been a ruling from the Business Court dismissing the derivative action. It’s Krieger v. Johnson
Everybody knows that you have thirty days to file a Notice of Appeal in a civil case. Rule 3(c)(1) of the North Carolina Rules of Appellate Procedure says that: "a party must file and serve a notice of appeal: within thirty days after entry of judgment."
The lawyers appealing from a grant of summary judgment
When I first looked at Judge Murphy’s (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys’ fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was disappointed, though the Judge was following a mandate from the Court of Appeals.
He awarded $1 million in
Construction lawyers in North Carolina can breathe a sigh of relief. On Friday of last week, the Business Court ruled that the service of on-line service provider Lienguard in preparing claims of lien constitutes the unauthorized practice of law.
You most likely have never heard of Lienguard. It says on its website that it files
Dual agency is a big deal to real estate agents. It lets them represent both a buyer and a seller in a transaction. Dual agency was the focal point of the Business Court’s opinion last week in BDM Investments v. Lenhil, Inc., 2014 NCBC 6. The Opinion shows the dangers of failing to disclose
The Order in Cold Springs Ventures, LLC v. Gilead Sciences, Inc., 2014 NCBC 10 is a procedural conundrum wrapped up in arbitration issues. The Plaintiffs in the Business Court are the respondents in a separate arbitration proceeding brought by the Defendant. But none of the Plaintiffs — all of whom were shareholders or directors