A Joe Friday "just the facts ma’am" kind of affidavit was the subject of the North Carolina Supreme Court’s decision at the end of last week in Bird v. Bird.
The issue? Whether the affidavit, presented in opposition to a motion for summary judgment, complied with Rule 56(e) of the North Carolina Rules of
Yesterday, the Business Court issued its first published opinion of 2010, Marosi v. M.F. Harris Research, Inc., 2010 NCBC 1 (N.C. Super. Ct. January 28, 2010), and ordered specific performance of a Subscription Agreement for the purchase of stock.
The dispute concerned a purchase by Thomas Marosi, shortly before he died, of stock in
Does it make any sense to make a motion in limine before a bench trial? No, not according to Judge Diaz, who ruled as follows in a short Order in Hilb Rogal & Hobbs Co. v. Sellars:
"In a jury trial, motions in limine serve the useful purpose of giving counsel advance notice of
If this blog were a dartboard, cases involving corporate and LLC governance issues would be at the bullseye. A bankruptcy case would be pretty far from the center, sometimes maybe even off the board.
With that perspective in mind, coupled with a dearth of bullseye type cases lately, this post is about the Fourth Circuit’s
The Fourth Circuit’s ruling last Friday in Galustian v. Peter reinstated a Iraq-based defamation case which had been dismissed by the District Court on the grounds of forum non conveniens. The opinion also contains some significant points on amendments as of right under the Rules of Civil Procedure.
The lawsuit was brought in the Eastern
The circumstances under which an individual can be personally liable for an employer’s failure to pay payroll taxes was the subject of Erwin v. United States, decided yesterday by the Fourth Circuit.
The Court affirmed a grant of summary judgment by Judge Beatty of the Middle District of North Carolina imposing personal liability on
What do you get when you mix together a luxury automobile, a tiger, and a wind tunnel?
It sounds like something out of the movie The Hangover, but it’s the case of BCD LLC v. BMW Manufacturing Co. LLC, an unpublished decision from the Fourth Circuit Court of Appeals.
BMW and Clemson University
I had no idea that utility companies trim trees with saws hanging from helicopters. That’s going to make me all the more certain to look up when I hear a helicopter.
I learned this interesting tidbit from one of the new cases (with a plaintiff aptly named "Aerial Solutions") of the six designated to the
A split Fourth Circuit affirmed the dismissal yesterday of a defamation claim against a consumer complaint website, in Nemet Chevrolet, Ltd. v. Consumeraffairs.com, Inc. The Court found the Defendant, Consumeraffairs.com, to be entitled to immunity under the Communications Decency Act, relying on the heightened standard for considering a Motion to Dismiss from the Supreme Court
Sanctions were awarded by the Business Court in Red Ventures, LLC v. Modern Consumer, LLC, when two of the four Defendants didn’t show up for a mediated settlement conference.
The mediation had been scheduled by agreement, and all parties had received notice of the conference. Two of the Defendants, however, decided not to