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By Jeff MacHarg and La-Deidre Matthews.
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.”
Some of our prior posts dealt with statutory authorization and entitlement. Here, we skip…
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”…
Continue Reading Patient’s Second “Injury” – Billing for Medical CareNot all contacts are created equal: more PJ lessons from the Business Court.
By Jeff MacHarg and Sarah Traynor
A few months after successfully settling its lawsuit and…
Continue Reading Not all contacts are created equal: more PJ lessons from the Business Court.Investors in Wilmington Project Lose Bid to Sue Company that Solicited Their Investments through Marketing Efforts in China
A targeted effort by a New York company and its president to recruit Chinese investors…
Continue Reading Investors in Wilmington Project Lose Bid to Sue Company that Solicited Their Investments through Marketing Efforts in ChinaThe Latest
Yes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!
“Cause I’m the taxman, yeah, I’m the taxman.”
Taxman, The Beatles (1966)
Wary of the old maxim about giving inches and losing miles, the North Carolina Department of Revenue…
Continue Reading Yes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church Business
An intra-congregational dispute over control of church bank accounts led the Wakefield Missionary Baptist Church to a schism that forced out a senior pastor, saw church doors locked, and resulted…
Continue Reading A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church BusinessJudicial Dissolution of a “Deadlocked” LLC in North Carolina is a Big Ask When There is Evidence of Even Limited Cooperation Among Members
Plaintiff Lee Norris and defendant James Schaafsma…
Continue Reading When Finding a Corporate Stalemate is Like Searching for Bobby FischerNC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders
In 2017, British American Tobacco (BAT) purchased a North Carolina-based tobacco company, Reynolds American Inc., for $49 billion. The deal allowed BAT to acquire the 57.8% of Reynolds it…
Continue Reading NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting ShareholdersCan an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.”
JCG & Associates, LLC vs. Disaster America…
Continue Reading No License, No Contract, No ClaimConfidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations
When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys…
Continue Reading Confidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” DesignationsNC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan
Hog Supplier Allowed Discovery to Prove Smithfield Foods Impermissibly Favored Other Vendors Despite Contract Clause
The paths that lead to the North Carolina Business Court are often paved with the…
Continue Reading NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry TitanIn a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put Asunder
Discord within a faith community comes with all the challenges of a secular dispute, but carries with it the special responsibility that members of a congregation share in a collective…
Continue Reading In a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put AsunderBusiness Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a Rarity
As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, …
Continue Reading Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a RarityAbout Our Practice
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.