The Court ruled that Defendants’ appeal, following an adverse judgment on liability, did not affect a substantial right even though the damages phase of the trial remained. The Court found that it had continued jurisdiction over the case and that it could proceed with the damages phase notwithstanding the pendency of the appeal. The Court
Substantial Rights: The Right To An Interlocutory Appeal When The Issues Of Liability And Damages Are Bifurcated
You’ve certainly been caught in the gap between a trial court proceeding that isn’t completely over, and an interlocutory appeal. One side wants to proceed ahead in the trial court, but the other wants a reversal in the appellate court. Can the trial court proceed?
The Business Court entered an Order today in the case
Gateway Management Services, Ltd. v. Belmonte, February 24, 2009 (Tennille)(unpublished)
The Business Court on its own motion remanded a case which had been designated to the Court based on its mandatory jurisdiction over cases involving unfair competition.
In the Notice of Designation, the Defendant asserted that "as a case between two direct competitors focused on slander and libel claims, this lawsuit meets the criteria for
Variety Wholesalers, Inc. v. Salem Logistics Traffic Services, LLC, February 23, 2009 (Tennille)(unpublished)
The Court granted a Motion to Remand, holding that "this litigation is a straight forward contract case. Contract cases are routinely adjudicated in Superior Court."
Decisions Last Week From The North Carolina Court Of Appeals
There weren’t any opinions from the Court of Appeals last week which would have been considered for the legal equivalent of an Oscar, but three cases are worth an honorable mention. They involve arbitration, the statutory requirements for contracting with a municipality, and a healthcare law case involving Certificates of Need.
Arbitration
The arbitration case
Latigo Investments II, LLC v. Waddell & Reed Financial, Inc., February 18, 2009 (Diaz)(unpublished)
Members of a "pretended corporation" may have personal liability as individuals when a plaintiff has extended credit to the corporation, but they are not personally liable for all contractual obligations of the corporation. In this case Defendant, a shareholder of a corporation that had not been formed, was not personally liable for the pretended corporation’s
Allen v. Land Resource Group, February 18, 2009 (Tennille)(unpublished)
The Court entered a stay of discovery pending its resolution of a Motion to Dismiss.
French Choice Of Forum Provision Enforced by North Carolina Business Court
The North Carolina Business Court ruled today on an issue of first impression — when a North Carolina Court should apply the law of a foreign country — and concluded that it would apply North Carolina law to a forum selection clause requiring the parties to litigate their dispute in the Commercial Court of Paris
Harco National Ins. Co. v. Grant Thornton LLP, February 16, 2009 (Tennille)(unpublished)
The Court permitted an insurance carrier, which had reinsured part of the loss suffered by the Plaintiff and which had made payment to the Plaintiff, and which claimed to be subrogated to the rights of the Plaintiff, to intervene in the Plaintiff’s action to recover amounts it had paid paid. The Court found that intervention
Harco National Insurance Co. v. Grant Thornton LLP, February 16, 2009 (Tennille)(unpublished)
The Court denied a Motion to Amend, finding that there was undue delay in seeking the amendment. Discovery in the case had gone on for years and had been completed months before the Motion to Amend was filed. Plaintiff furthermore had the documents on which the Motion was based in its possession for two years.