Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse.
Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding the defendants’ reluctance to search the files of additional custodians in a…
Continue Reading Discovery Molehills, Mountains, and a Climbing Guide from the NC Business CourtEven in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major Hurdle
The road leading away from HCA Healthcare’s 2019 acquisition of the multi-campus Mission Health hospital…
Continue Reading Even in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major HurdleWide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of…
Continue Reading Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, GuidepostsA Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come Back
In a dispute about tax preparation businesses that one member of Compass Tax Services LLC…
Continue Reading A Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come BackSubscribe to It’s Just Business
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A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the…
Continue Reading A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation ClaimsA Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear It
When an amended complaint renders the arguments of a motion to dismiss moot, what effect does it have on the public’s ability to view the parties’ filings on the motion?
Continue Reading A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains
After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus…
Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsAn employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine”…
Continue Reading A Trade Secret Tale: When a “Gold Mine” is not Worth the DiggingBusiness Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did
While an insurance carrier “labor[ed] valiantly” to rescue claims over $3.1 million in overpayments to a hospital in its network, the Business Court held it failed because the contract at…
Continue Reading Business Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it DidBusiness Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm Builds
The NC Department of Revenue sought to throw some shade at the financing regimes through which solar farm and other renewable energy projects are built by challenging the flow of…
Continue Reading Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm BuildsAn Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say
When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third.
In Vitaform…
Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No SayWhen “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?
The Palmetto Medical Group had a “messy divorce.”
Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice…
Continue Reading When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?Corporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers
Just last year, in assessing the extent to which a director has a duty to oversee a corporation’s business affairs, the Business Court noted the “limited guidance” afforded by state…
Continue Reading Corporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company OfficersAbout this Blog
Business decisions should guide your business decisions.
Rulings issued by the North Carolina Business Court often reverberate beyond the litigants, affecting businesses throughout the state and region. Staying on top of these cases – as well as other appellate and federal court decisions – is essential for companies that need to anticipate and respond quickly to changes in the law.