What exactly is the “securities transaction” exception to a UDTP claim? As highlighted by the Business Court’s recent decision in Aym Technologies, LLC v. Scopia Capital Management, LPC et al., 2021 NCBC 20B (N.C. Super. Ct. Mar. 31, 2021), it can be a potent defense against the UDTP claims we see litigated—perhaps too frequently—in
An “Introduction” in a Complaint: How Much Is Too Much?
Business Court Considers “Extraordinary” 5-Page Introductory Narrative
An “introduction” section in a complaint can set the stage for the case and the claims being asserted. It can forecast and outline the allegations in a way that makes the pleading more “reader-friendly.” And surely, kicking off with a compelling narrative engages the reader in a way
Once a Business Court Case, Always a Business Court Case
Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed.
We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what happens when the claim that establishes jurisdiction—the ‘jurisdictional hook,’ if you will—is dismissed? Can the case still proceed in the Business Court? That question was
N.C. Business Court Brings Clarity to Issues of Arbitrability
Arbitration is supposed to be a less formal, more efficient way of resolving a dispute. More and more, though, we see certain threshold issues—like whether a dispute is ‘arbitrable’ in the first place—undermine the benefits of this supposedly streamlined process. Any clarity from the courts when it comes to issues of arbitrability, therefore, is a
Scrutinizing With Particularity
N.C. Business Court Digs into Pleading Requirements in Tossing Three Misrepresentation-Based Claims
A “failed deal” or contract often gives rise to claims for breach of contract, fraud, and/or negligent misrepresentation. Each claim presents its own path to relief. And that path is replete with obstacles, beginning with pleading requirements unique to each claim. Even a
When the (International) Shoe Doesn’t Fit
Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company
In Curvature, Inc. v. Cantel Computer Servs. Ltd., 2019 NCBC 47 (N.C. Super. Ct. Aug. 13, 2019), the Business Court considered whether it could exercise personal jurisdiction over the England-based defendant based on a contract that was
Can a Private Corporation Be Required to Produce Its “Public” Records?
N.C. Business Court Considers When a Private Company Can Be Deemed a State “Agency” for Purposes of the Public Records Act
In Southern Environmental Law Center v. Saylor et al., 2019 NCBC 59 (N.C. Super. Ct. Sept. 11, 2019), the Business Court considered whether the defendant North Carolina Railroad Company (the “Railroad”) was
When It’s Time for a Second Opinion
N.C. Business Court Addresses the Scope of a Judicial Appraisal Proceeding
In Reynolds American Inc. v. Third Motion Equities Master Fund Ltd. et al., 2019 NCBC 35 (N.C. Super. Ct. June 4, 2019), the Business Court considered the scope of a judicial appraisal proceeding under G.S. § 55-13-30. The defendants, who owned stock in
When It Pays to Be Scrappy
N.C. Business Court Grants (Partial) Victory to Scrap Metal ‘Manufacturers’
In N.C. Dep’t of Revenue v. Tri-State Scrap Metal, Inc. et al., 2019 NCBC 41 (N.C. Super. Ct. July 8, 2019), the Business Court addressed whether the respondent “recyclers” qualified as “manufacturers” for purposes of the privilege tax under G.S. § 105-187.51 (now repealed).
The Battle of the Deductions
N.C. Business Court Holds that (Federal) Dividends Received Deduction Must Offset (State) Net Economic Loss Tax Deduction
In N.C. Dep’t of Revenue v. Graybar Elec. Co., Inc., 2019 NCBC 2 (N.C. Super. Ct. Jan. 9, 2019), the Business Court addressed the interplay between the federal dividends received deduction and the (now repealed) North Carolina