In a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister tones to its owner, it’s not: “Get Out!” that the lawyer hears. It’s: “Your Responses
Continue Reading A Nightmare on CivPro Street: Unanswered Requests for Admission
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 Explains
The Business Court regularly deals with disputes that arise from the financial challenges facing start-ups and the principals behind them. As our colleagues Ernie Badway and Josh Horn note, “The
Continue Reading It’s Always About the Money : Regulating the “Finders” who Secure Financing for Start-ups
An 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 Digging
A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins
Continue Reading Silence as to Some Facts in a Complaint can be Golden
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 Did
Law360’s Hayley Fowler has an article out about the North Carolina Business Court that charts its beginning to 1996 from the trunk of Judge Ben Tennille’s Toyota. He recalled his
Continue Reading Have Car, Will Judge: The Story of a Court
Jesse Shaver alleges that a founder and CEO of Raleigh-based defense contractor Vadum, Inc., “tricked him into losing his right to equity” in the company. In Shaver v. Walker
Continue Reading Campsite Moments: Stars, S’Mores, and Statements of Material Fact
In one of many litigations to arise from alleged contamination at the Fayetteville Works chemical manufacturing plant, the Business Court recently decided that a “been there, done that” motion to
Continue Reading Episode 2: The One Where the Consent Order Didn’t Bring Much in the Way of Finality
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