The Internet advertising activities of the Defendants, including the use by Defendants of Plaintiff’s trademark to generate "sponsored links" in a Google AdWords campaign and the use of the Plaintiff’s trademark in metatags, supported personal jurisdiction in an infringement action. The case, Market America v. Optihealth Products, Inc, was decided by Magistrate Judge
North Carolina Supreme Court Finds Negligent Mispresentation Based On Multiple Listing Service Listing
The North Carolina Supreme Court reversed the Court of Appeals today in a case involving a claim of negligent misrepresentation over a realtor’s Multiple Listing Service (MLS) listing.
The Plaintiffs had purchased a home thinking it was connected to the city sewer system. That’s what the MLS listing said. That was wrong, the home actually had
Should Your Clients Talk About Their Lawsuit On YouTube?
The Plaintiffs in Fisher v. Communications Workers of America, 2008 NCBC 18 (N.C. Super. Ct. Oct. 30, 2008), a pending Business Court case involving the North Carolina Identity Theft Protection Act, are live and on YouTube, talking about their claims.
The Fisher case is the first court decision under the Act. It involves whether the
Allen v. Land Resource Group, December 8, 2008 (Tennille)(unpublished)
A lawsuit regarding a residential property development, in which the Plaintiffs made claims against the developer of the project, its lenders, appraisers, and others under the Interstate Land Sales Full Disclosure Act, and for fraud, breach of fiduciary duty, and breach of contract, among others, fell within the Business Court’s mandatory jurisdiction. Some of the
Use This Blog To Research North Carolina Business Litigation Issues
Even if you read this blog regularly — and thanks if you do — you may not know that the Case Database feature here is a great place for researching a North Carolina business litigation issue. To get to that part of the blog, there’s a Case Database button near the top left:
Click on
TelSouth Solutions, Inc. v.Voyss Liquidation Co., LLC, December 6, 2008 (Diaz)(unpublished)
The Court held that a party which failed to appear for a show cause hearing at the direction of the Court, having received notice of the hearing, would be held in contempt. The Court determined that the non-appearance was a “[w]illful . . . failure to comply with schedules and practices of the court resulting
NC Business Court Denies Motion For Preliminary Injunction In Wachovia-Wells Fargo Merger Case
Ehrenhaus v. Baker, 2008 NCBC 20 (N.C. Super. Ct. Dec. 5, 2008)
The North Carolina Business Court has denied Plaintiff’s Motion for a Preliminary Injunction with regard to the pending merger between Wachovia and Wells Fargo.
The opinion of Judge Diaz was issued early Friday evening, after the close of business. The principal holdings
North Carolina’s Attorney General And State Treasurer Duke It Out
One of the unusual things about the litigation over the Wachovia-Wells Fargo merger (which I’m hoping will come to a close soon so this blog won’t be all Wachovia all the time) was the flood of letters and emails written to the Court. Judge Diaz received over 200 pieces of correspondence about the case.
The
Ehrenhaus v. Baker, 2008 NCBC 19 (N.C. Super. Ct. November 3, 2008)(Diaz)
The Court denied a Motion for Expedited Discovery in a shareholder class action seeking injunctive relief against the merger of two national banks, finding that the facts necessary to decide the motion were already publicly known.
The Court considered several different tests for when expedited discovery should be allowed, including:
Crown Crafts, Inc. v. Aldrich
Bueche v. Noel, November 25, 2008 (Diaz)(unpublished)
A default judgment against an individual is not permitted without the Court first determining whether the defendant is in active military service. The Servicemembers Civil Relief Act, 50 U.S.C. app. §501-596 requires a party seeking a default to "file with the court an affidavit . . . (A) stating whether or not the defendant is