The Court granted a Motion to Dismiss a claim for slander, ruling that plaintiff had failed to plead the allegedly defamatory statement with sufficient particularity. It held that, although plaintiff was not required to plead the words verbatim, it was required to plead them either substantially as they were said or at least with sufficient
Integrated Solutions International, LLC v. Velocitor Solutions, LLC, (June 13, 2006)(Tennille)(unpublished)
The Court ordered highly confidential information, consisting of computer source code, to be produced to an independent expert appointed by the Court.
Skirzenski v. K2, Inc., 2004 WL 5218012 (June 7, 2004)(Tennille)(unpublished)
This is a detailed Order from Judge Tennille approving settlement of a class action.
Connor v. Monarch Hosiery Mills, Inc., 2006 WL 4453451 (November 20, 2006)(Tennille)(unpublished)
This case involved a troubled company, whose board of directors had hired turnaround consultants to assist with management. When the composition of the board of directors changed, the new board sued the consultants, and others, for fraud and unjust enrichment, alleging that the consultants had withheld information from the board and that they had been
Phillips & Jordan, Inc. v. Mountaineer Land Group, LLC, 2006 WL 4537235 (December 28, 2006)(Diaz)
The Court dismissed some of plaintiff’s claims because they had been the subject of a dismissal, with prejudice, in a prior action. The Court held that a dismissal with prejudice is a final judgment for purposes of res judicata. Other claims were being simultaneously litigated in another action between the parties. It was difficult to
Hemenway v. Hemenway, October 20, 2006 (Diaz)(unpublished)
The attorneys for the parties missed the mediation deadline set by the Court, twice. They ultimately did mediate, and did settle some of the claims in the case. The Court sanctioned them, however, finding that their explanations for missing the deadlines were inadequate and without good cause. The Court noted that North Carolina’s Rules Implementing
Deer Corp. v. Donahue, August 28, 2003 (Diaz)(unpublished)
The Court granted defendants’ motion to dismiss for lack of personal jurisdiction based on their lack of minimum contacts with the State of North Carolina. The Court found that defendants had not made a general appearance in the case, and thereby waived their right to contest jurisdiction by participating in discovery, by asking the Court
Carroll v. Carolinas Physicians Network, Inc., October 14, 2003 (Diaz)(unpublished)
The Court dismissed non-contract claims in a dispute between physicians who were parties to Professional Services Agreements. The Court held, based on established North Carolina law, that "a tort action does not lie against a party to a contract who simply fails to properly perform the contract, even if that failure to properly perform was
Herion v. Fieldcrest Cannon, Inc., February 23, 2000 (Tennille)(unpublished)
The Court found no bias or prejudice warranting that it enter an order recusing another judge. Bias requires a showing of personal enmity by the judge toward the party seeking to disqualify. Errors of law will not support recusal, as those are a matter for appeal. Nor did the judge’s threats to hold counsel in
Hospira Inc. v. Alphagary Corp., February 16, 2006 (Diaz)(unpublished)
This opinion contains a thorough discussion of the economic loss doctrine. Plaintiff had purchased "sight chambers," used for monitoring intravenous feeds, made with raw material supplied by defendant. Defendant had used low grade materials to fulfill its end of the contract, which led to plaintiff having to recall millions of sight chambers.
As the Court