After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refileContinue Reading Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the…Continue Reading A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
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.
On 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 Know
For the golf fan curious about the finances and back-office maneuvering of “Big Golf,” nothing has been better than the LIV Golf-PGA Tour throwdown played out in dueling press conferences…Continue Reading Court Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country Club
As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm…
Continue Reading “As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms
Large Settlement Led to a Big Plot Reveal: The Agreement was Never Executed
Rule 1.5(c) of the North Carolina Rules of Professional Conduct provides protection to clients with its requirement…
Continue Reading Contingency Drama
With Court “ordered” corporate record inspections, who pays for the fees? More often than not, shareholders have to pay their own attorneys’ fees.
In Bauk v. Piedmont Cheerwine Bottling Company, …
Continue Reading Hello? Is it fees you’re looking for?
Considering whether to add a Chapter 75 claim to your breach of contract dispute? If you don’t have substantial aggravating circumstances, resist the urge and don’t assert the Chapter 75…
Continue Reading Once … Twice … Three times… You’re sanctioned.
Business Court Sanctions Party for Discovery Misconduct and Awards Forensic Examination
It started out like a typical Business Court case: a company filed suit against its former employees (and their…
Continue Reading A New Frontier for Sanctions