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? In Karriker v. Harpoon Holdings, L.P., 2023 NCBC 67, the issue was teed up when plaintiff’s opposition to…Continue Reading A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear It
When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force
Joshua Langley worked for Autocraft, Inc. for more than five years and rose to have…Continue Reading When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force
Another fall, another amazing CLE for complex business litigators across the State: The Mecklenburg County…Continue Reading 11th Annual NC Business Court CLE is October 20, 2023
North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within
If a company contracts to acquire software which it then licenses to a third party…Continue Reading North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within
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 Builds
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 Say
When “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 Officers
If the Federal Trade Commission has its way, litigation fights like the one between IQVIA, Inc. and Circuit Clinical Solutions, Inc. over the job switch of executive Dana Edwards will…Continue Reading A Swan Song for Noncompete Clauses?
Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a…Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
If a court “throws the book” at steadfastly uncooperative litigants, did it really happen if there’s no one around to take the hit? The Business Court tested that “tree falling…Continue Reading Do Sanctions Against AWOL Litigants Make a Sound When they Land?
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or…Continue Reading Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.
Claims not Within Physician-Patient Relationship, Court says, but also are “Entwined with” and “Directly Tied” to Care
Charles McNew was injured in a fall at his home in June 2021…Continue Reading Patient’s Second “Injury” – Billing for Medical Care
About 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.