This month, for the second time in the last two months, Judge McGuire of the NC Business Court entered Rule 11 sanctions against a party whose attorney relied on inaccurate information from the client in making claims against the opposing party.
This month’s decision was in NC Bioremediation, LLC v. Sea Winds, LLC, 2015 NCBC
When Governor McCrory appointed Judge Gregory McGuire to the Business Court, I doubt that he had any concern whether Judge McGuire had any expertise in the area of trusts and estates. After all, that area of law is not enumerated in the types of case that warrant designation to the Business Court, contained in G.S.
If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified its allegedly misappropriated trade secrets with sufficient particularity. And the Court has frequently
Judge McGuire’s opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and American Indians. If that doesn’t impel you to read on, I don’t know what
Maybe you’ve been in this situation before. You’ve moved to dismiss a complaint, have fully briefed your motion, and the defendant dances in on the day of the hearing on your motion and amends his complaint. And the defendant doesn’t even bother to make a motion to amend his complaint!
What effect does that have
Surratt v. Brown, 2015 NCBC 72, decided last week by the Business Court, involved an oral partnership to open and operate tattoo parlors throughout North Carolina.
Plaintiff and Defendant entered into an partnership (without any written agreement) to open a tattoo parlor in Winston-Salem. Defendant Brown was to finance the business for a
The words "successors," "members," and "designees," as used in a Release were at issue in Judge Bledsoe’s Opinion last week in TaiDoc Technology Corp. v. OK Biotech Co., 2015 NCBC 71.
Plaintiff TaiDoc had settled a related lawsuit previously pending in the Western District of North Carolina in which Defendant OK was not
You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. And maybe, the next day, as work began on the "more formal agreement to be prepared later,"
When you last heard about London Leasing LLC v. Arcus, the Business Court had entered a default in March 2015 against two of the Defendants for what I called their "defiant and obnoxious conduct."
It then seemed like the Plaintiff was just a hop, skip, and a jump away from obtaining a default
I can’t remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October 2014? I don’t think one has been granted.
But earlier this week, Judge Gale did exactly that, in