
Business Court Probes Gray Areas Between “Control” and “Opportunity”
Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority
Continue Reading Who Holds an LLC’s “Cards”?Analysis of North Carolina Business Court Decisions (and other musings)
Business Court Probes Gray Areas Between “Control” and “Opportunity”
Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority…
Continue Reading Who Holds an LLC’s “Cards”?“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a…
Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending RuleIf a court “throws the book” at steadfastly uncooperative litigants, did it really happen if there’s no one around to take the hit? The Business Court tested that “tree falling…
Continue Reading Do Sanctions Against AWOL Litigants Make a Sound When they Land?When Philip Harvey died in December 2021 he owned more than 400 shares of common capital stock in PHE, Inc., a Hillsborough, North Carolina-based business that sells sexual wellness…
Continue Reading Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 MillionBy Jeff MacHarg and La-Deidre Matthews.
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or…
Continue Reading Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.Claims not Within Physician-Patient Relationship, Court says, but also are “Entwined with” and “Directly Tied” to Care
Charles McNew was injured in a fall at his home in June 2021…
Continue Reading Patient’s Second “Injury” – Billing for Medical CareBy Jeff MacHarg and Sarah Traynor
A few months after successfully settling its lawsuit and obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing…
Continue Reading Not all contacts are created equal: more PJ lessons from the Business Court.A targeted effort by a New York company and its president to recruit Chinese investors for a marina and hotel project in Wilmington, North Carolina brought an international spin to…
Continue Reading Investors in Wilmington Project Lose Bid to Sue Company that Solicited Their Investments through Marketing Efforts in ChinaOn October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of…
Continue Reading 2022 Business Court CLE: What the Business Court Judges Want You to KnowA business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay…
Continue Reading Vodka Maker’s Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina Courtroom