In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” thatContinue Reading Can a Lengthy Complaint Provide Too Much Notice of its Claims?
Defendant in “Sham Technology” Case Wins Jurisdiction Argument on Lack of Service, but Waives it by Appearing Post-Judgment in Attempt to Protect Assets
In the Land of Technology Oz a…
Continue Reading All that Glitters May Just be Yellow Paint
As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, …
Continue Reading Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a Rarity
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…
Continue Reading Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and…
Continue Reading Straight from the Source – Comments from the Business Court Judges
Contract with “substantial connection” with NC leads to PJ over a California Defendant who never visited NC.
Court also Addresses Res Judicata Effect of Prior DeclaratoryJudgment Rulings
The North Carolina Supreme Court recently affirmed a December 2018 Business Court ruling in Orlando Residence, Ltd. v. Alliance Hospitality …
Continue Reading NC Supreme Court Modifies Crossclaim Guideposts in Affirming Business Court
If you have employees that work from home (WFH), you may be subject to PJ in their location.
During the last few months, the NC Supreme and Business Courts have…
Continue Reading Another PJ Decision: SC employer was subject to PJ in employee’s NC WFH location. Compared to other PJ questions, this one seemed Easy.
Q: Are pre-conflict NC contacts relevant?
Q: What if they relate to a separate contract between the parties?
A: Yes. Still relevant.
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…
Continue Reading An “Introduction” in a Complaint: How Much Is Too Much?