You have a case set for trial in a state trial court. You are tenth on the trial calendar, but the nine cases in front of you have crumbled and settled over the weekend. Plus, your most important witness is gone from your state based on your guess that the case wouldn’t be reached for
NC “Seed Law” Trumps The Uniform Commercial Code
The Business Court last month resolved a clash between North Carolina’s "Seed Law" and the Uniform Commercial Code, in Kornegay Family Farms, LLC v. Cross Creek Seed, Inc., 2016 NCBC 30. The Plaintiff in the Kornegay case is one of eight Plaintiffs in the Business Court suing Defendant Cross Creek Seed for selling
NC Business Court Refuses To Enjoin Similar British Lawsuit
It’s possible to get an NC state court to enjoin a party from pursuing parallel litigation in another American state. But what about enjoining a party before an NC court from pursuing a parallel case in another country?
The NC Business Court grappled with that international issue late last month in O’Brien v. TCG Consulting
It Can Happen To Anyone: Mistakes In Appeals
The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a lawyer who is certified as an appellate specialist by the North Carolina State Bar’s Board
Is It Better To Be A LLC Member In The Minority Than A Minority Corporate Shareholder?
It is pretty common to think that limited liability company members have similar rights as shareholders in a corporation.
But they don’t, (although in some respects the rights afforded to LLC members may be better). The Business Court made that pretty clear last week in Fiske v. Kieffer, 2016 NCBC 22.
The Defendant
Do You Think You can Recover The $1100 Fee For Designating A Case To Business Court As A “Cost”? Maybe You Can’t.
Recovering the $1,000+ fee for designating a case to the Business Court seems like the unattainable Holy Grail for successful parties in the Court. That’s so even though the NC General Assembly amended the statute listing items recoverable as a "cost" (G.S§ 7A-305) to add the $1,100 designation fee as a recoverable item
Don’t Count On The Sheriff To File Your Notice Of Appeal
Filing a Notice of Appeal seems like a pretty easy thing to do. You walk it over (or mail it) to the Clerk of Superior Court in the County in which the case was filed, and the Clerk puts a "filed" stamp on it indicating the date on which it was filed.
Remember that when
“Giving” And “Getting”: The NC Business Court On Disclosure Only Class Action Settlements
Disclosure only settlements are in deep trouble in Delaware based on the Court of Chancery’s decision last month in In re Trulia Inc. Stockholder Litigation. That decision is said to have sounded a "death knell" in Delaware for such settlements.
If you are not familiar with disclosure only settlements, David Wright provides a good
You Can Designate A Case To The NC Business Court Based On A Counterclaim, But It Can Be Tricky
The Business Court issued a significant Order last week, in Composite Fabrics of America, LLC v. Edge Structural Composites, Inc., 2016 NCBC 11 that Judge Gale said was an "opportunity to clarify. . .how the Court interprets the statutory mandates for designating a case as a mandatory complex business case" and that the Business
A Couple Of Things Not To Do In The NC Business Court
The NC Business Court’s decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court.
Don’t Make "Aiding and Abetting" Claims
The Plaintiff made a claim against some of the Defendants for aiding and abetting the other Defendants in their alleged breach of contract.