Superior Court Judge Calvin Murphy has been appointed as a Business Court Judge to replace Judge Albert Diaz, who is leaving the Business Court for the Fourth Circuit Court of Appeals. All of Judge Diaz’ pending cases were assigned to Judge Murphy by Judge Tennille in an Order signed December 23rd.
I have never
Unless you live in a cave, you know that the nomination of Judge Diaz of the Business Court to the Fourth Circuit has finally been confirmed by the Senate. The confirmation, a unanimous one, has been widely reported by North Carolina newspapers, including those in Charlotte, Greensboro, and Raleigh.
This vote took
The Fourth Circuit ruled today in Albemarle Corp. v. AstraZeneca UK Ltd. that it was required to interpret the forum selection clause negotiated by the parties under English law, which meant that the clause would be read as requiring litigation to be brought in an English court, even though the clause would have been deemed
The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels, Inc. v. Winston, 2010 NCBC 19. Judge Tennille found Plaintiff’s expert, a Duke Law School professor, to be incompetent to testify to the Defendant lawyer’s alleged breach of his duty of care.
The claimed malpractice
When you are filing a complaint to federal court, or removing one to federal court, the value of a claim for injunctive relief can be included in determining whether the $75,000 amount in controversy required for diversity jurisdiction under 28 U.S.C. §1332(a) is met.
Until December 10, 2010, lawyers need to remain aware that, in cases pending in federal court their communications with their retained expert witnesses and any draft reports prepared by the expert are likely to be discoverable based on a request from opposing counsel.
The expert rule changes which become effective on December 10 will give
From April 2009 through January 2010, I did a post at the beginning of each month on the new cases designated to the Business Court during the prior month. That’s been missing during my hiatus, without any outcry, but I am now resuming that service for October 2010. There were nine new cases last month
I
f you are bringing or defending a derivative action in North Carolina, you may have to look to the law of another state to determine whether a pre-filing demand on the board of directors to pursue the claim is a prerequisite and whether there are any exceptions to the need for a demand. The
Yesterday, the Business Court entered a preliminary injunction against a distributor which the Court determined had engaged in deceptive conduct by "passing off" a Chinese product as coming from the American manufacturer of a superior product, in Pittsburgh Corning Corp. v. McCormick Insulation Supply, Inc.
Plaintiff Pittsburgh Corning Corp. is the only American manufacturer of
In a case decided Tuesday by the Business Court, the parties were at loggerheads over how the assets of a partnership were to be valued upon the dissolution of the partnership or the withdrawal of a partner. Judge Jolly granted the motion for summary judgment by EHP Land Company, the withdrawing partner of HPB Enterprises, which