Chapter 75 claims have rarely fared well in the Business Court, though there is not much doubt about why they are included in almost every Complaint in the Court. The prospect of treble damages (per G.S. §75-16) and attorneys’ fees (per G.S. § 75-16.1) is too tempting for many to pass up.
North Carolina COA Refuses To Award Attorneys’ Fees Based On “New York Rates”
There’s enough of interest in the North Carolina Court of Appeals’ decision this week in GE Betz, Inc. v. Conrad for five posts. It’s got a couple of good rulings on covenants not to compete, a few points about trade secrets issues, and an interesting matter of a violation of a protective order. The opinion
Business Court Says “Rule Of Reason” Analysis Appropriate To Antitrust Claim By Chiropractors Against Their Independent Practice Association
I can think of only three reasons why you might want to know about the Business Court’s decision in Sykes v. Health Network Solutions, 2013 NCBC 53:
- You are a chiropractor or you live with one.
- You are fascinated by the subject of the management of health care costs.
- You are interested in antitrust
A Prevailing Party Can’t Recover The $1,000 Fee For Designating A Case To The Business Court As A “Cost”
If you think like me, you were thinking that the $1,000 fee for designating a case to the Business Court would be recoverable as an item of costs if you were successful in the case.
But I’m wrong. Last Thursday, in an Order in Prospect Marketing Group, Inc. v. Chasnan, Inc., Judge Jolly ruled
North Carolina Court of Appeals Says: We Don’t Fear The Turtle
You’ve no doubt heard about the University of Maryland’s withdrawal from the Atlantic Coast Conference and the University’s unwillingness to pay the $50 million withdrawal fee required by the Constitution of the ACC.
This week, in Atlantic Coast Conference v. University of Maryland, the NCCOA rejected the U of M’s contention that it was
Two Things To Avoid When Opposing A Motion For Summary Judgment
There aren’t any great business law proclamations in Allran v. Branch Banking & Trust Corp., 2013 NCBC 41, decided late last week, but there a couple of procedural points that might help you avoid having summary judgment entered against your client.
Be Careful Which Defendants You Decide To Dismiss, And How You Dismiss Them
The YMCA Wins Case In NC Business Court
It’s hard to conceive of a more unlikely Business Court case than Keister v. National Council of the Young Men’s Christian Assocation of the United States of America, a purported class action by YMCA members. The Opinion, 2013 NCBC 36, was issued late last week.
Keister and his family joined the YMCA in Asheville
NC Business Court Dismisses All Of Brazilian Plaintiff’s Claims
The Plaintiff in Martinez v. Reynders, 2013 NCBC 35, had all of her claims dismissed last week in an Opinion from the Business Court. The case illustrates why you might want to think twice about incorporating a business in Brazil, and how hard it is to make a fraud claim over a broken promise.
The
Do You Need Those Stinkin’ Signatures? Maybe Not.
Let’s say you are a corporate lawyer. You spend your pitiful and lonely life surrounded by marked up papers and red pens, drafting or revising agreements. You send your final versions out to your clients to sign, with those annoying little "sign here" stickers.
Then, the big day finally comes. Your work is in court and the case
Fourth Circuit On LLC Law And Fried Chicken And Waffles
The Fourth Circuit doesn’t get into matters of LLC law very often, but it did last week in Painter’s Mill Grille, LLC v. Brown. The LLC and its members were suing their landlord for discriminating against them on the basis of race.
The LLC was operating a restaurant which served an African-American clientele. The