The first Complaint I’m aware of seeking to enjoin the merger between Wachovia and Wells Fargo has been filed in North Carolina and designated to the North Carolina Business Court.
In the Notice of Designation to the Business Court of the case, Ehrenhaus v. Baker, the Plaintiff describes his claim as follows:
"This is a
The Court found that a Complaint seeking commissions due which would require the interpretation of various infrastructure agreements concerning "the fiber optic infrastructure to support the provision of telecommunication and internet services" fell within its jurisdiction over matters involving "the internet and electronic commerce."
The Court found additional support for the designation in Defendant’s counterclaim
This post is about an Order Striking a Motion for Recusal by the North Carolina Business Court, in J. Freeman Floor Company, LLC v. Freeman. The Motion was stricken because it was procedurally defective, but the factual allegations which the Plaintiff claimed warranted recusal were interesting, as was the way in which Judge Diaz
The North Carolina litigation involving Citigroup and Wells Fargo’s fight for Wachovia has been dismissed with the consent of the parties. As a part of the dismissal, Citigroup has agreed that it will not take any steps to enjoin a merger between Wells Fargo and Wachovia or interfere with a vote of the Wachovia shareholders
The parties to the North Carolina lawsuit in which Wachovia’s former CEO, Bud Baker, obtained a Temporary Restraining Order against Citigroup’s efforts to acquire the banking operations of Wachovia have agreed to a Consent Scheduling Order.
The Order, if approved by Judge Diaz of the North Carolina Business Court, will move the Preliminary Injunction
The North Carolina Court of Appeals today affirmed the dismissal of a defamation claim against a lawyer and his law firm, giving a broad and expansive interpretation to the absolute privilege given to statements "made in the course of a judicial proceeding."
The claim by the Plaintiff in Jones v. Coward was that a lawyer
.jpg)
There were some late breaking developments today in the North Carolina lawsuit regarding the Wachovia-Citigroup-Wells Fargo situation, including the unsealing of detailed Affidavit testimony from Wachovia’s CEO about Wachovia’s courtship dance with its two potential acquirors, a modification of the TRO entered on Sunday evening, a transfer of the case to the North Carolina Business
.jpg)
The fight between Citigroup and Wells Fargo for the remains of Wachovia moved into North Carolina’s courts this weekend. The new Complaint was filed by Wachovia’s former CEO, Bud Baker, and another Wachovia shareholder to enjoin Citigroup from seeking to enforce its Letter Agreement to acquire Wachovia.
The Plaintiffs obtained an immediate Temporary Restraining Order
If a case involves only a breach of a covenant not to compete or a confidentiality agreement, it is not within the mandatory "unfair competition" jurisdiction of the North Carolina Business Court.
The Complaint in this case asserted that the Defendant was improperly using a Confidentiality Agreement signed by the individual Plaintiff to threaten her so she wouldn’t call on potential
The North Carolina Business Court rejected a novel argument regarding the validity of post-employment consideration for a covenant not to compete. It also dealt with the issue of the validity of a summons issued in the wrong name.
On the non-compete side, Plaintiff signed the non-compete with the cleaning company for which she had worked three years