Persistence can be a valuable quality, but when it leads to an unjustified refusal to give up a questionable case, the party suffering from persistency can get socked with attorneys’ fees. That was the result in Judge Gale’s Order on Tuesday in McKinnon v. CV Industries, Inc.
McKinnon was entitled to benefits under a Severance
If you were waiting anxiously, as I was, for the Chief Justice of the North Carolina Supreme Court to elucidate the process for challenging a Business Court designation, which I wrote about a couple of weeks ago, your torture is over.
Chief Justice Parker ruled in a short Order in Ekren v. K&E
Wow. The Business Court was busier churning out opinions last week than I wanted to be working on my blog, so here’s a catchup and a rundown on two cases you should know about. Two more coming after the holiday.
Internal Affairs Doctrine. The internal affairs doctrine is a conflict of laws rule which says
The broadly written scope of the covenant not to compete before the Business Court in Outdoor Lighting Perspectives Franchising, Inc. v. Harders led to the denial of Plaintiff’s Motion for a Preliminary Injunction this week.
The covenant said that the Defendant, a franchisee of the Olaintiff, could not compete "in any Competitive Business." The term
The Financial Institutions Reform, Recovery and Enforcement Act, affectionately known to banking lawyers as FIRREA, is a statute passed by Congress in the late 1980’s at the tail end of the savings and loan crisis of that decade. It bars lawsuits against institutions in FDIC receivership and requires that claims first be presented to the
If you’ve tried cases, you’ve probably had your own witnesses — who you thought were solid — disintegrate in front of you at trial. They start acting quirky, begin conceding important points on direct examination they had held on to at their depositions, and are still facing cross-examination.
What do you do? I can tell
It’s about junk faxes and class certification again (and even again) in the Business Court. Wednesday’s decision in Blitz v. Agean, Inc., 2012 NCBC 20 marks the third time the Court has refused to certify a class action under the Federal Telephone Consumer Protection Act. (The TCPA, 42 U.S.C. §227, prohibits the transmission of
There’s invariably a fight between lawyers over the division of a fee when a lawyer who left the firm generates a fee at his new firm from a preexisting contingent fee relationship. There’s at least one case of that type in the Business Court (Mitchell, Brewer, Richards, Adams, Burge & Boughman, PLLC v. Brewer
You all know the procedure for getting