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 Public
It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in
Continue Reading A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms
When 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?
A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants
Continue Reading A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal
So-called “new wave” stockholder agreements that purport to meaningfully limit a board’s authority to manage a corporation got a recent stern look from the Delaware Court of Chancery in West
Continue Reading When a “New-Wave” Stockholder Agreement Crashes into the Statutory Wall of a Board’s Corporate Control
When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when
Continue Reading A Pirate’s Story, it Turns Out, is Worth its Weight in Gold
A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the
Continue Reading JNOV is a Tough Road, but it’s Not a One in a Million Shot
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 Discovery
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 Claims
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry
Continue Reading Third Time’s the Charm. Mostly.