The Fourth Circuit Court of Appeals is going to require that all briefs be electronically filed, beginning June 1, 2008. E-filing has been optional since April 1st.
In order to e-file, you need to go through Fourth Circuit training, and you have to register for an "Appellate Filer Account." The training is required even if you
Her v. Davis, April 16, 2008 (Diaz)(unpublished)
This opinion appeared yesterday on the Business Court website. It’s not a Business Court case (it’s actually a car accident case), but it presents a good lesson on what it takes to properly oppose a Motion for Summary Judgment.
The issue was whether Defendant’s insurance carrier had
Today, Judge Tennille issued a very short order in Azalea Garden Board & Care, Inc. v. Vanhoy, granting a defendant’s Motion to Compel production of a settlement agreement entered into between the plaintiff and another defendant.
I’m mentioning the case only because this is an issue that recurs with some frequency. There’s often a non-party which might
Regions Bank v. Regional Property Development Corp., 2008 NCBC 8 (N.C. Super. Ct. April 21, 2008) (Diaz)
The Business Court ruled today that a member of a North Carolina LLC could not sue the LLC’s lender for aiding and abetting a breach of fiduciary duty, because that claim was derivative, not direct.
Here are
Pursuant to Rule 30(e) of the North Carolina Rules of Civil Procedure, a deponent can make substantive changes to her deposition transcript during the thirty day review period, so long as the deponent signs "a statement reciting such changes and the reasons given . . . for making them." The deponent will, however, be subject
“Choice of Law” “Aiding and Abetting Breach Of Fiduciary Duty”
Continue Reading Voyager Pharmaceutical Corp. v. Bowen, April 15, 2008 (Jolly)(unpublished)
A Plaintiff has thirty days after the filing of its Complaint to file a Notice of Designation to the Business Court.
Note that this opinion was essentially overruled in August 2012.
The Court denied the entry of a preliminary injunction in a case involving the dissolution of a law firm. The injunction would have prevented the defendants from distributing to themselves the proceeds from contingent fees cases in which the plaintiffs claimed an interest.
The Court held that "[t]he Plaintiffs have not made a convincing showing that
The Defendant failed to file its Notice of Designation to the Business Court within the thirty days of its receipt of either the Complaint or the Amended Complaint, as required by N.C. Gen. Stat. §7A-45.4. The Court denied designation of the case as a mandatory complex business case due to the untimely filing, noting that
The Court threw out a securities fraud case that would otherwise have been within the scope of its mandatory jurisdiction because there were already two cases pending in Wake County making similar claims. One of those cases had already received a Rule 2.1 designation as an exceptional case. The Court found that it would be more efficient