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 here is our recap of what we heard and learned.  As always, we strive to be accurate reporters, but this is not a verbatim recitation

Contract with “substantial connection” with NC leads to PJ over a California Defendant who never visited NC.    

In Toshiba Global Commerce Solutions, Inc. v. Smart & Final Stores LLC, 2020 NCBC 95, Judge Conrad held that a California-based company that reached into NC to contract with a NC business was subject to personal jurisdiction. 

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 Mgmt., LLC that clarified Rule 13 crossclaim principles, created new doctrine on issue and claim preclusion, and provided issue-spotting fodder for civil procedure professors whose

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 answered some tricky PJ questions:  Are pre-conflict contacts relevant?  (Yes and Yes); Is a single contract with a NC resident always enough to

Q: Are pre-conflict NC contacts relevant?
A: Yes.
Q: What if they relate to a separate contract between the parties?
A: Yes. Still relevant.

In Button v. Level Four Orthotics & Prosthetics, Inc., 2020 NCBC 18 (Mar. 13, 2020), Judge Robinson considered whether the court could exercise personal jurisdiction over Florida defendants based in

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 the allegations in a way that makes the pleading more “reader-friendly.” And surely, kicking off with a compelling narrative engages the reader in a way

Contacts, not contracts, are the key.

Shortly after the Supreme Court’s decision in Beem USA Limited-Liability Ltd. P’ship v. Grax Consulting, LLC, — N.C. –, 838 S.E.2d 158 (2020), Judge Gale decided a series of personal jurisdiction motions in Diamond Candles, LLC v. Winter, 2020 NCBC 17 (N.C. Super. Ct. Mar. 12, 2020)

Though challenges to Business Court designations, i.e. subject matter jurisdiction, are relatively common (see, e.g., Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim is Dismissed), challenges to personal jurisdiction are less frequent.  So we noted with interest the North Carolina Supreme Court’s recent opinion on personal jurisdiction in Beem USA Limited-Liability

Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed.

We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what happens when the claim that establishes jurisdiction—the ‘jurisdictional hook,’ if you will—is dismissed? Can the case still proceed in the Business Court? That question was