Reporting on Judicial Decisions of Significance to Business & Shareholders
The issue here was the timeliness of Plaintiff’s claim against the estate of one of the defendants. The Plaintiff had failed to serve that defendant’s personal representative with notice of his claim within the 90 day period prescribed in N.C. Gen. Stat. §28A-19-3(a).
The Plaintiff argued that it was excused from the notice requirement because…
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…
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…
Plaintiff sought to enjoin a foreclosure sale to be conducted for the benefit of the secured lender. Plaintiff was a general contractor who had done substantial work on the property which was the subject of the sale, for which it was owed more than $ 8 million. Efforts of the owner of the property to…
The Court found sufficient grounds for the appointment of a receiver, given disputes between the developer of timeshare properties and the homeowners association.
Defendant had sufficiently pled an agency relationship to survive a motion to dismiss.
The Court denied plaintiff’s Motion to Compel because it failure to file a brief in support of its Motion, as required by Rule 15.11 of the Business Court Rules.
The Court denied an objection to designation of a case as a complex business case, apparently made on the ground that the law of North Carolina might not apply. The Court held that "[]t is sufficient for purposes of removal to the Business Court that there are issues concerning which law applies which will have…
The Court granted a Motion to Strike, finding that statements made in the Complaint had been made in the course of settlement negotiations, and therefore inadmissible pursuant to Rule 408 of the North Carolina Rules of Evidence. The Court rejected the argument that the statements concerned settlement of a different claim, not at issue in…
The principal issue here was insurance coverage for Bank of America’s settlement payments in connection with litigation against it relating to Worldcom. The Court rejected the insurer’s argument the Bank had not suffered a "loss" within the meaning of the policies because the public policy of North Carolina would not permit insurance coverage for claims…