Today’s post is really a thank you to Judge Gale for delivering the Christmas gift I requested in last week’s post: a decision from the North Carolina Business Court on an open question of North Carolina’s corporate law to write about because I was tired of writing about Delaware law on this North Carolina blog.
Premier, Inc. v. Peterson, 2012 NCBC 59, decided last Friday by Judge Murphy, turned on a strict application of the parol evidence rule.
At issue was whether the defendants were entitled to a substantial earn-out payment under a Stock Purchase Agreement. The Plaintiff had purchased the Defendants’ software business of selling a Web-based surveillance
If you’ve ever made a Motion for Costs following a win at summary judgment or a win at trial you know that the law on such motions is a quagmire. Does the trial court have discretion in determining whether to award costs to a prevailing party? Section 6-20 of the General Statutes implies
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In a case decided last week, McKenzie v. Hall, the Fourth Circuit sent a clear message that it does not tolerate Motions to Strike. The Appellants had filed such a Motion to strike portions of an adversary’s brief which they said were objectionable.
The Court struck back, quoting a Seventh Circuit decision, Redwood v.
North Carolina has had more than its fair share of hurricanes over the years, but Hurricane Sandy, which hit New Jersey and New York City, even reached the North Carolina Business Court.
It came in the most mundane of motions, one to expand the word limitation for a brief. The Order is in Gusinsky as
You’ve undoubtedly had a Judge announce that she was entering an order "nunc pro tunc." In case you didn’t have your Latin-English dictionary with you at the time, that literally means "now for then."
A nunc pro tunc order is a way for a Judge to correct an order previously made which was improperly entered
It’s hard for me to think of a case I’d rather not write about than GR&S Atlantic Beach, LLC v. Hull, 2012 NCBC 52. It’s not just that it’s deathly boring or that it involves the interpretation of poorly written transaction documents. It’s also that it centers on an indemnification agreement, one of the
If you dip in to Judge Murphy’s Wednesday opinion in Blue Ridge Pediatric & Adolescent Medicine, Inc. v. First Colony Healthcare, LLC, 2012 NCBC 51, you’ll find a little bit of everything. It’s a ruling on a Motion to Dismiss a Complaint that alleged everything under the sun. Here are the high points:
Quick
Long time readers of this blog know that you can’t designate a case limited to a covenant not to compete to the Business Court. That’s the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive covenant . . . [will not] give rise to a mandatory
You all know that there is no Chapter 75 claim for a breach of contract unless there are "substantial aggravating circumstances." What if you have the substantial aggravating circumstances but you don’t have a breach of contract? The Court of Appeals answered that question Tuesday in SunTrust Bank v. Bryant/Sutphin Properties, LLC.
The answer