The place where a a trial court’s jurisdiction over a case on appeal meets the competing jurisdiction of the appellate court over that same case is is a busy intersection. It is often hard to tell when the trial court no longer has the jurisdiction to make rulings in a case that has been appealed.
Protecting Your Client’s President From Having To Be Deposed: NC Business Court
You have probably been in this situation. Your client is a successful corporate entity, maybe publicly held. You are defending the entity in a lawsuit and you receive a Notice of Deposition for the CEO of your client. The CEO is annoyed, says that she knows nothing about the substance of the lawsuit, and that
It Takes More Than Just $5 Million To Get A Case Into The NC Business Court
This week, I published a post on this blog in which I suggested that a case involving $5 million in controversy could be designated to the Business Court without the Court having to analyze the nature of the claims before it to see if they met any of the bases for mandatory jurisdiction contained in
The Business Court Opens Its Door Wide To “Intellectual Property” Disputes
The Business Court doesn’t often discuss its interpretation of the statutory bases for a designation to the Court, all of which are contained in G.S. sec. 7A-45.4. So its published Order this month in Southeastern Automotive, Inc. v. Genuine Parts Co. 2016 NCBC 61, is worth noting.
The issue in Southeastern Automotive was
The NC Business Court On Non-Solicitation And Non-Inducement Provisions
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There is more discussion of non-solicitation clauses and non-inducement clauses in Judge McGuire’s opinion last week in Sandhills Home Care, LLC v. Companion Home Care-Unimed, Inc., 2016 NCBC 59, than I think that I’ve ever seen before in a North Carolina court decision. Non-solicitation clauses prohibit a former employee from trying to get business
A Few Things To Avoid When Drafting A North Carolina Covenant Not To Compete
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The Business Court closely examined a set of restrictive covenants last week in Sandhills Home Care,, LLC v. Companion Home Care-Unimed, Inc., 2016 NCBC 59. This decision collects a number of North Carolina Court of Appeals decisions assessing the validity of covenants not to compete (and non-solicitation and non-inducement covenants) and highlights language
“Winding Up” A Law Firm Partnership Doesn’t Necessarily Mean Liquidation
You can "wind up" a partnership without having to liquidate all of its assets and terminating its existence. So ruled Judge McGuire last week in Hardin v. Lewis, 2016 NCBC 55. But that may not be true for all partnerships. This case involved a law firm partnership which was continuing to operate its
Your “Limited Appearance” in the Business Court May Not Be As Limited As You Think
The attorney for the Plaintiff in Foster Biodevice, LLC v. Cantrell. 2016 NCBC 51 said that he was only making a limited appearance, but the Business Court (through new Business Court Judge Robinson, in his first Opinion for the Court) wasn’t buying the limited nature of the appearance.
Plaintiff’s counsel had previously obtained an
NC Court Of Appeals, Not Sure That It Had Jurisdiction, Dismisses Appeal From Business Court Decision
How does your appeal get dismissed when you’ve appealed to the "right", "appropriate", or "correct" court? In other words, your appeal was to the Court with jurisdiction over your appeal. It happened in the NC Court of Appeals this week.
The Date That Your Case Was Designated To The Business Court Is Critical To Your
NC Attorney General Reaches $9 Million Settlement With “American Indian Business” Western Sky Over Usurious Loans
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You will remember the North Carolina Attorney General’s lawsuit against Western Sky Fin’l, LLC. It generated an opinion from the Business Court last year in which Judge McGuire enjoined the Defendants from making further high interest loans in violation of North Carolina’s usury laws. The Defendants had claimed that as an American Indian related