By Jeff MacHarg and Camryn Rohr
To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are nothing new. The member running the business (allegedly) made bad, self-interested decisions. The other members complained, and eventually litigation ensued. …
Continue Reading A(nother) Cautionary Tale on the Importance of Operating AgreementsOnly two months into 2025, and the Business Court has already denied two motions for…
Continue Reading Want to pierce the corporate veil? Plead facts, not just factors.Ace is the Place for Many Things, but not Always for Proper Rule 4 Service
Ace Hardware was long advertised as “the place with the helpful hardware man,” but even…
Continue Reading Ace is the Place for Many Things, but not Always for Proper Rule 4 ServiceProductivity and Progress: Recap of the 2024 Business Court Report and Some Civics
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North…
Continue Reading Productivity and Progress: Recap of the 2024 Business Court Report and Some CivicsSubscribe to It’s Just Business
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Business Court Gives Maggie Valley’s Ghost Town in the Sky More Time to Scare up Some Investors
A member seeking to dissolve an LLC which owns a mothballed amusement park in Maggie Valley, North Carolina, didn’t have a “ghost of a chance” to close out a struggling…
Continue Reading Business Court Gives Maggie Valley’s Ghost Town in the Sky More Time to Scare up Some InvestorsCharlotte’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 DidAbout 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.