Following the procedure of Moody v. Sears Roebuck and Co., 664 S.E.2d 569 (N.C. App. 2008), and Judge Tennille’s Order in Moody v. Sears Roebuck and Co., 2008 NCBC 14 (N.C. Super. Ct. Aug. 6, 2008) applying that ruling, the Court approved the withdrawal of class action claims.
The Court permitted the parties to
Plaintiffs claimed that the Defendant Union had violated the North Carolina Identity Theft Protection Act by its posting of a list of their social security numbers on a company bulletin board. The Plaintifs also made claims for unfair and deceptive trade practices and for invasion of privacy.
The Act specifically provides that a business may
Judge Tennille drew an adverse inference as a result of the Defendant’s claiming of his Fifth Amendment privilege against self incrimination and entered a Preliminary Injunction, holding:
In a civil case, adverse inferences may be drawn against a party who asserts the Fifth Amendment and remains silent. Baxter v. Palmigiano, 425 U.S. 308
The Business Court held that it had mandatory jurisdiction over a claim involving the interpretation and validity of the corporate bylaws of an electric membership cooperative. The bylaws were similar to those of a number of other electric membership cooperatives, and the Court held "that the disposition of this case may have an impact far
Fisher v. Communications Workers of America, 2008 NCBC 18 (N.C. Super. Ct. Oct. 30, 2008).
The North Carolina Business Court decided today the first published opinion under North Carolina’s Identity Theft Protection Act, N.C. Gen. Stat. §75-60 et seq. The case, Fisher v. Communications Workers of America, also involves an interesting invasion of privacy
The Defendant’s exercise of his Fifth Amendment right against self incrimination was the basis for the North Carolina Business Court’s entry of a Preliminary Injunction on October 29th in Amacell LLC v. Bostic.
Plaintiff asserted that its former employee, a senior research scientist, had misappropriated trade secrets and violated a confidentiality agreement. The Defendant
The Plaintiff in the would be class action seeking to enjoin the Wachovia and Wells Fargo merger is pursuing his effort to obtain expedited discovery. The parties have staked out the broad outlines of the claims and defenses in their briefs on that Motion. Plaintiff’s Brief is here, Wachovia’s Brief, filed yesterday afternoon, is here.
The parties failed to submit their designation of mediator to the Court by the deadline provided for in the Case Management Order, and also after an inquiry from the Court. The Court held that the parties had as a result "forfeited their right" to select a mediator.
The parties were also delinquent in filing their
Thomas Cook Printing Co. v. Subtle Impressions, Inc., 2008 NCBC 17 (N.C. Super. Ct. Oct. 24, 2008).
On October 24th, the North Carolina Business Court approved the Plaintiff’s withdrawal of class action claims under the Federal Telephone Consumer Protection Act (which prohibits the transmission of "unsolicited advertisements" to fax machines) and a settlement of
You’ve lost a case in the North Carolina Court of Appeals, It was unanimous, 3-0. You are talking with your client about a Petition for Discretionary Review to the North Carolina Supreme Court.
What are your chances? Frankly, not very good at all. I took a look at the Supreme Court’s track record this year