Today, the Business Court denied Plaintiff’s Motion for a Preliminary Injunction in a state law trademark dispute between competing jewelry stores. The Order in Windsor Jewelers, Inc. v. Windsor Fine Jewelers, LLC, 2009 NCBC 2 (N.C. Super. Ct. Feb. 16, 2009) dissolved a Temporary Restraining Order which had previously been entered in the case.
Raleigh Business Court To Relocate To Campbell University’s Law School In Fall 2009
The North Carolina Business Court in Raleigh will be relocating to Campbell University’s Law School. The move will happen in Fall 2009, when the Norman Adrian Wiggins School of Law finishes its own relocation, from Buies Creek to Raleigh.
North Carolina then will have two law schools with courtrooms on the premises. The other one
A Treasure Trove Of Material From North Carolina Superior Court Judges
If you were about to argue a motion in a case involving a breach of fiduciary duty, and the Judge hearing the motion had written a paper on that very subject, or had been to a presentation about it, wouldn’t you want to know that?
I’m writing this post because if you are looking
NC Supreme Court Rules That There Was Personal Jurisdiction Over Corporate Officer
Today, the North Supreme Court made it clear that there can be personal jurisdiction over a corporate officer even if his only contacts with the state were in his capacity as a corporate officer.
The case is Saft America, Inc. v. Plainview Batteries, Inc., The opinion reverses the April 2008 decision of the Court
Funds Stolen By Lawyer At Closing: NC Court Of Appeals Rules On Whether Buyer Or Seller Bears The Loss
When the attorney closing a residential real estate transaction steals the closing proceeds, does the buyer or the seller bear the loss?
The holding of the 2-1 majority today in the North Carolina Court of Appeals decision in Johnson v. Schultz is that in the typical transaction the loss will fall on the party whose
No Standing For North Carolina Taxpayer To Sue Over Public Financing Of Entertainment Theater
The North Carolina Business Court dismissed today a highly publicized case brought by a City of Roanoke Rapids taxpayer who sought to challenge the City’s investment of more than $13 million to build the "Randy Parton Theater" in Halifax County. (See here, here, and here for local and national articles about the lawsuit).
CITGO Wins Motion To Dismiss Gasoline Pricing Case In The North Carolina Business Court
In its first significant opinion of the new year, the Business Court interpreted the pricing mechanism contained in a contract between convenience store operator The Pantry and CITGO, its supplier of gasoline. The case, which handed a win to CITGO allowing it to charge higher prices than those urged by The Pantry, is The Pantry,
North Carolina Court Of Appeals Reinstates Antitrust Class Action
The courthouse door in North Carolina is now wide open to antitrust plaintiffs making indirect purchaser claims, after the Court of Appeals’ decision this week in Teague v. Bayer. That decision reverses the North Carolina Business Court’s dismissal of the case for lack of standing.
For those whose hearts don’t start beating faster when
Be Careful With The Memorandum Of Mediated Settlement
A successful mediation session ends with a signed document reflecting the settlement, usually the AOC Form "Memorandum of Mediated Settlement," but is often accompanied by an agreement to draft a more comprehensive settlement agreement.
The unpublished Court of Appeals decision this week in Santoni v. Sundown Cove, LLC is a reminder to be careful that
The Court Of Appeals Clarifies What It Means To Be A “Prevailing Party” Entitled To Attorneys’ Fees
The NC Court of Appeals ruled today on what it means to be a "prevailing party" under N.C. Gen. Stat. §6-21.5 so as to be entitled to recover attorneys’ fees. There was no North Carolina precedent — until now — on this issue.
The effect of the ruling may be that fees under the statute