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A Charlotte area law firm alleged it struck a necessary, and rather ordinary, deal with departing partners to divide fees on contingent cases transitioning among firms based on time expended by each, with an included true up of costs. But the deal didn’t get past settlement of the first case…
Continue Reading In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go UnspokenA Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated
The Business Court recently reminded that while there is great value to showing up and…
Continue Reading A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly RegulatedIn a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister…
Continue Reading A Nightmare on CivPro Street: Unanswered Requests for AdmissionWhen 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”…
Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsThe Latest
An 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 OfficersIf 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 RuleIf 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?Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.
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…
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 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 obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing…
Continue Reading Not all contacts are created equal: more PJ lessons from the Business Court.About 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.