The Court denied a motion opposing the designation of this case as a mandatory business case, holding that "this matter is a derivative action by a minority shareholder which involves issues relating to the law governing corporations," therefore "conclud[ing] that the allegations in the Complaint fall within the mandatory jurisdiction of the Business Court."
Yippee-Ki-Yay: The First Case Database Roundup
Every so often, I add cases decided by the Business Court to the Case Database part of this blog. These cases are less significant than those that get a blog post– at least in my unbridled and unchecked editorial discretion over this blog — but nevertheless include some valuable points.
Email and RSS notifications don’t
Business Court Grants Motion To Disqualify Counsel
The Business Court granted a Motion to Disqualify counsel today in Ferguson Fibers, Inc. v. Foster, and sent a cautionary word to lawyers who represent the employees of their corporate clients in what they might believe to be unrelated matters.
The issue was whether the attorney for Plaintiff Ferguson Fibers should be disqualified because he
Allen v. Land Resource Group of North Carolina, LLC, December 4, 2009 (Tennille)(unpublished)
The Court dismissed claims against banks which had provided financing to lot purchasers under the Interstate Land Sales Full Disclosure Act. The Court held that there was no showing that the banks were "developers or developer’s agents" as defined by the Act, and furthermore no allegations that the banks’ involvement in the development had gone
Fourth Circuit Holds That Attorneys Can’t Be Assessed With Fees For Improperly Removing A Case To Federal Court
If an attorney improperly removes a case to federal court, the Fourth Circuit concluded today in In re Crescent City Estates, LLC that he or she can’t be liable for attorneys’ fees. The Court interpreted 28 U.S.C. §1447(c), which says that "[a]n order remanding the case may require payment of just costs and and any
Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, N.A., October 6, 2009 (Tennille)(unpublished)
Plaintiff could not make tort claims, including breach of fiduciary duty claims, against a Bank for mismanagement of its investments. "As a general rule, parties to a contract ‘owe no special duty to one another beyond the terms of the contract.’ This general rule even applies to bank-customer relationships like the one at issue."
Plaintiff
It’s Getting Tougher To Get Past A Rule 12(b)(6) Motion In The Fourth Circuit
The standard for getting past a 12(b)(6) Motion in federal court in North Carolina inched higher yesterday with the Fourth Circuit’s decision in Francis v. Giacomelli.
The opinion from Judge Niemeyer, relying on the United States Supreme Court’s June 2009 decision in Ashcroft v. Iqbal, affirmed the grant of a Motion to
High Stakes Civil Litigation: BB&T’s Hedge Fund Lawsuit
Courtroom View Network is the "leading provider of live and on-demand video for high stakes civil litigation." CVN was in North Carolina providing that video coverage for the hearing on a Motion to Dismiss in BB&T’s lawsuit regarding a $55 million hedge fund investment turned sour. That’s certainly a "high stakes" matter.
The videos from CVN
New Cases In The North Carolina Business Court: November 2009
Nine new cases were designated to the Business Court during November 2009:
Alexander Hospital Investors, LLC v. Frye Regional Medical Center, Inc. (Alexander)(Tennille): dispute between the owner of Alexander Community Hospital and its former tenant regarding the Defendant’s alleged actions in causing the facility to lose its Medicare and Medicaid certification.
New Local Rules For The Western District Of North Carolina
The United States District Court for the Western District of North Carolina issued its new Local Rules today. There isn’t a blacklined version available, but there don’t appear to be a large number of changes as far as deadlines. Many of the Western District’s deadlines were already in the seven and fourteen day periods