In 2017, British American Tobacco (BAT) purchased a North Carolina-based tobacco company, Reynolds American Inc., for $49 billion. The deal allowed BAT to acquire the 57.8% of Reynolds it
Continue Reading NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders
To Thine Own Documents be True
Evidence a Party Controls, but Fails to Marshal at Trial, Falls Short of High Bar to Undo a Final Judgment Based on an Adversary’s Fraud
When a motion for reconsideration
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Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage
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Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
Fox Rothschild North Carolina Appellate Specialist Beth Scherer recently blogged about an important order from Judge Robinson on the impact of a notice of appeal on the trial court’s jurisdiction.
Continue Reading Business Court: Subsequently Filed Notice of Appeal Deprives Trial Court of Jurisdiction to Rule on Pending Rule 60(b)(6) Motion
For Timely Appeals from the Business Court, Keep the Calendar – and Geography – Close in Mind
In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way
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A Counterclaim Bet You May Regret
Sometimes the Cards Must be Played
Out Even When the Table has Cooled
If the cards have been kind, often the better instinct is to cut and run before your
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Business Court Statistics
This past Friday, the Mecklenburg County Bar held its 7th Annual North Carolina Business Court CLE. If you regularly practice in the Business Court, this is a “must attend.”
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N.C. Business Court Affirms the Assignability of MedPay Benefits to Treating Hospitals and Reminds Litigants to Direct Appeals to the Proper Court
In a series of recent opinions in Justice v. Mission Hospital, Inc., the Business Court dismissed claims that MedPay benefits were improperly routed to a treating hospital, dismissed the
Continue Reading N.C. Business Court Affirms the Assignability of MedPay Benefits to Treating Hospitals and Reminds Litigants to Direct Appeals to the Proper Court
When You’re Reminded a Win May be Fleeting
N.C. Business Court Grants a Stay Pending Appeal, but Isn’t Convinced it Will Matter.
In Vizant Technologies, LLC v. YRC Worldwide Inc., 2019 NCBC 15 (N.C. Super Mar. 1,
Continue Reading When You’re Reminded a Win May be Fleeting