The impact of a "time is of the essence" provision on a real property transaction delayed by the discovery of environmental contamination was the subject of the Court of Appeals decision yesterday in Phoenix Limited Partnership v. Simpson.
The decision supersedes and replaces a March 2009 decision by the Court, in which it had
Maybe, when you decided which cellphone provider to sign on with, you took a look at its coverage map showing what excellent coverage you would have throughout the country.
If you relied on that map in picking your carrier, you probably shouldn’t have. That’s the essence of an unpublished decision from the Fourth Circuit Court
https://youtube.com/watch?v=ZWfcUH2UjZA%26hl%3Den_US%26fs%3D1%26rel%3D0%26border%3D1
Things actually got funny during the Senate Judiciary Committee’s hearing today on the nominations of Judges Albert Diaz and James Wynn of North Carolina to the Fourth Circuit Court of Appeals. You can see that for yourselves in the video at the left.
Funny happened when Senator Al Franken, formerly of Saturday Night Live,
Lawyers defending against punitive damages claims ought to put on their dancing shoes after the North Carolina Supreme Court’s decision Friday in Scarborough v. Dillard’s, Inc.
That’s because the majority opinion by Chief Justice Parker makes it easier for trial and appellate judges to set aside a jury’s award on punitive damages. With Scarborough
The Middle District’s new Magistrate Judge, Patrick Auld, was invested yesterday in a ceremony at the federal courthouse in Greensboro.
Cameras are allowed in the courthouse on ceremonial occasions like this, so I’m able to share with you a couple of photographs of the ceremony. That’s Judge Auld in the photo on the left, and
Every so often, I add cases decided by the Business Court to the Case Database part of this blog. These cases are less significant than those that get a blog post– at least in my unbridled and unchecked editorial discretion over this blog — but nevertheless include some valuable points.
Email and RSS notifications don’t
If an attorney improperly removes a case to federal court, the Fourth Circuit concluded today in In re Crescent City Estates, LLC that he or she can’t be liable for attorneys’ fees. The Court interpreted 28 U.S.C. §1447(c), which says that "[a]n order remanding the case may require payment of just costs and and any
The standard for getting past a 12(b)(6) Motion in federal court in North Carolina inched higher yesterday with the Fourth Circuit’s decision in Francis v. Giacomelli.
The opinion from Judge Niemeyer, relying on the United States Supreme Court’s June 2009 decision in Ashcroft v. Iqbal, affirmed the grant of a Motion to
Courtroom View Network is the "leading provider of live and on-demand video for high stakes civil litigation." CVN was in North Carolina providing that video coverage for the hearing on a Motion to Dismiss in BB&T’s lawsuit regarding a $55 million hedge fund investment turned sour. That’s certainly a "high stakes" matter.
The videos from CVN
Nine new cases were designated to the Business Court during November 2009:
Alexander Hospital Investors, LLC v. Frye Regional Medical Center, Inc. (Alexander)(Tennille): dispute between the owner of Alexander Community Hospital and its former tenant regarding the Defendant’s alleged actions in causing the facility to lose its Medicare and Medicaid certification.