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 ClaimsCivil Procedure
Third Time’s the Charm. Mostly.
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry…
Continue Reading Third Time’s the Charm. Mostly.A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear It
When an amended complaint renders the arguments of a motion to dismiss moot, what effect does it have on the public’s ability to view the parties’ filings on the motion?
Continue Reading A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItA Nightmare on CivPro Street: Unanswered Requests for Admission
In a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister tones to its owner, it’s not: “Get Out!” that the lawyer hears. It’s: “Your Responses…
Continue Reading A Nightmare on CivPro Street: Unanswered Requests for AdmissionWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains
After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus…
Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsSilence as to Some Facts in a Complaint can be Golden
A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins…
Continue Reading Silence as to Some Facts in a Complaint can be GoldenBusiness Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did
While an insurance carrier “labor[ed] valiantly” to rescue claims over $3.1 million in overpayments to a hospital in its network, the Business Court held it failed because the contract at…
Continue Reading Business Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it DidEpisode 2: The One Where the Consent Order Didn’t Bring Much in the Way of Finality
In one of many litigations to arise from alleged contamination at the Fayetteville Works chemical manufacturing plant, the Business Court recently decided that a “been there, done that” motion to…
Continue Reading Episode 2: The One Where the Consent Order Didn’t Bring Much in the Way of FinalityNot all contacts are created equal: more PJ lessons from the Business Court.
By 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.Investors in Wilmington Project Lose Bid to Sue Company that Solicited Their Investments through Marketing Efforts in China
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 China