This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
These two Orders from Judge Conrad (Interim Order, [Final] Order on Motions to Seal) again confirm that…
Continue Reading No rubber stamps here. Judge Conrad denies a motion to seal.19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You Want
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s…
Continue Reading 19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You WantSeeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation Tale
In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a…
Continue Reading Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation TaleA party trying to serve their pleading used FedEx, but not the right FedEx. Turns…
Continue Reading When Serving Pleadings by FedEx, Use the Right One.Subscribe to It’s Just Business
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Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public
The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and…
Continue Reading Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to PublicWhen discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt…
Continue Reading When Discovery Goes Off Track, can a Pro Se Party Right the Course?Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile…
Continue Reading Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of DiscoveryA 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 BuildsAbout 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.