The contractual interpretation issue before the Business Court in Schultheis v. Hatteras Capital Investment Management, LLC, 2014 NCBC 23, turned on the meaning of the word "with." Well, actually on the phrase "entering into any contract . . . with."
HCIM, one of the Defendants, had acquired a 55% membership interest in
It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues.
But it took the Business Court a while to get to that conclusion last week, in Lancaster v. Harold K. Jordan and Co
A bill was introduced this week in the NC General Assembly that would be entitled "An Act to Modernize the Business Court By Making Technical, Clarifying, And Administrative Changes To The Procedures For Complex Business Cases." Here’s the text of the bill.
This is a summary of the proposed changes:
Appeals From Business Court
There’s no expression when speaking of football players to recognize a performance that hits three exceptional marks (like a hat trick in hockey or a triple double in basketball or the triple crown in baseball).
Maybe there should be, because Jeff Bostic, who played twelve years in the NFL for the Washington Redskins and on
Everybody knows that you have thirty days to file a Notice of Appeal in a civil case. Rule 3(c)(1) of the North Carolina Rules of Appellate Procedure says that: "a party must file and serve a notice of appeal: within thirty days after entry of judgment."
The lawyers appealing from a grant of summary judgment
The Order in Cold Springs Ventures, LLC v. Gilead Sciences, Inc., 2014 NCBC 10 is a procedural conundrum wrapped up in arbitration issues. The Plaintiffs in the Business Court are the respondents in a separate arbitration proceeding brought by the Defendant. But none of the Plaintiffs — all of whom were shareholders or directors
Can a law passed by a Legislature be called "immutable?" (that means it’s ageless, not ever subject to change).
The Court of Appeals used that word this week in Heaton-Sides v. State Employees Credit Union to describe a statute dealing with foreclosures.
The case dealt with the rights of a person to her personal property
A lawyer has limited remedies to collect on a judgment from a defendant who is unwilling to pay. If the defendant holds stock in a corporation, you can execute on the shares, take possession of them, and sell them. N.C. Gen. Stat. §1-324.3. But if that ownership interest is in an LLC, a
I’ve resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the Court’s decisions.
My resolve was tested with Judge Murphy’s decision last week in Speedway Motorsports Int’l
Be careful with covenants not to compete when you buy or sell a business. That’s the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly.
The Plaintiff had Defendant Coffey, an employee of the company which it was acquiring, sign a "Confidentiality and Post-Employment Agreement" after the