Each year, the United States Chamber Institute for Legal Reform rates the "Lawsuit Climate" for business in each of the fifty states. The Institute just released its 2008 Report. North Carolina ranked 21st overall, down from a ranking of 16th in 2007 and 10th in 2006.
The rankings are based on a survey of
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Her v. Davis, April 16, 2008 (Diaz)(unpublished)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, in Nucor Corp. v. Prudential Equity Group, LLC, the Court of Appeals affirmed the 12(b)(6) dismissal of a claim for libel per se against a securities firm.
The firm had published a report about the plaintiff which stated that antitrust lawsuits against the company were possible, and that the company needed to give up
Mitchell, Brewer, Richardson, Adams, Burge & Boughman, PLLC v. Brewer, April 9, 2008 (Jolly)(unpublished)
This is the second opinion from the Court in this case involving the dissolution of a law firm. The principal issue is whether the plaintiffs, who left the law firm, are entitled to the proceeds of contingent fee cases resolved after
Wachovia Bank, N.A. v. Harbinger Capital Partners Master Fund I, Ltd., 2008 NCBC 6 (N.C. Super. Ct. March 13, 2008) (Diaz)
Wachovia was first to file its claims in North Carolina Superior Court, but the Business Court nevertheless stayed the action in favor of a later filed New York action.
The claims in both cases involved Wachovia’s arranging of $285 million in credit for Le Nature, which collapsed in a massive accounting fraud. After the fraud was revealed, the Defendants purchased some of Le Nature’s debt on the secondary market with the express intention of suing Wachovia for alleged complicity in the fraud.
Wachovia, in an effort to preempt the expected lawsuit by the Defendants in New York, filed a declaratory judgment in North Carolina and obtained an injunction prohibiting the Defendants from asserting any "personal tort claims." Wachovia asserted that Defendants had engaged in "illegal trafficking in litigation claims."
Undeterred, Defendants went ahead and filed a lawsuit against Wachovia Capital Markets in the Southern District of New York alleging a RICO violation. Defendants then moved to stay the North Carolina action pursuant to N.C.G.S. Sec. 1-75.12 in favor of their own later filed action. The Court granted the motion after considering the ten factors enumerated in Lawyers Mut. Liab. Ins. Co. v. Nexsen Pruett Jacobs & Pollard, 435 S.E.2d 571, 573 (N.C. App. 1993).Continue Reading NY Lawsuit Trumps NC Lawsuit, Even Though NC Lawsuit Was First Filed