N.C. Business Court Dismisses Two Contract Claims on Summary Judgment for Lack of Mutuality


In separate cases, the North Carolina Business Court answers the question: When exactly is a contract formed?  The Court reminds business leaders that parties do not form an enforceable agreement until their minds meet on all the material terms.

In Denver

N.C. Business Court Dismisses All Counterclaims in a Dispute Stemming from a Failed Romance.


In Rabinowitz v. Suvillaga, 2019 NCBC 7 (N.C. Super. Jan. 28, 2019), Judge Robinson granted the Plaintiff’s motion to dismiss the Defendant’s counterclaims in an action involving an alleged agreement “predicated on the Defendant’s expectation” that the couple “would live

N.C. Business Court Dismisses Counterclaims of an ALF Medical Provider for Lack of Standing.


In Doctors Making Housecalls-Internal Medicine, P.A. v. Onsite Care, PLLC, 2019 NCBC 5 (N.C. Super. Ct. Jan. 16, 2019), Judge McGuire granted the Plaintiff’s motion to dismiss the counterclaims of its competitor for lack of standing because the allegations

N.C. Business Court Dismisses a Motion to Enforce Mediated Settlement Agreement After a Protracted Struggle Among Owners


In Local Social, Inc. v. Stallings, 2019 NCBC 8 (N.C. Super. Ct. Jan. 30, 2019), Judge Robinson granted the Plaintiffs’ Motion to Dismiss the Defendant’s Motion to Enforce the Mediated Settlement Agreement for lack of subject matter

N.C. Business Court Dismisses Third-Party Complaint Based on Bad Service.


In Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Super Jan. 9, 2019), the seller of a corporation’s controlling interest asserted third-party claims against an attorney who represented the buyer. Gary Berthold (the Third-Party Plaintiff) alleged various tort claims against attorney Randall Lanham

N.C. Business Court allows one judicial dissolution claim to survive, but dismisses another premised on veil-piercing.


In the Business Court’s first opinion of 2019, Slaughter v. Winner Enterprises of Carolina Beach, LLC, 2019 NCBC 1 (N.C. Super. Ct. Jan. 7, 2019), Judge McGuire considered Defendants’ standing arguments under Rule 12(b)(1), and merits arguments under

N.C. Supreme Court Holds that Dilution of Shareholders’ Voting Power is an Injury Giving Standing to Sue, but Leaves Open Whether a Minority Shareholder Exercising Actual Control Owes Fiduciary Duties to other Shareholders.


In December 2018, the Supreme Court of North Carolina decided the appeal of Corwin v. British Am. Tobacco PLC in 4-3 decision