
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated
Continue Reading When Serving Pleadings by FedEx, Use the Right One.Analysis of North Carolina Business Court Decisions (and other musings)
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated…
Continue Reading When Serving Pleadings by FedEx, Use the Right One.The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and…
Continue Reading Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to PublicA counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants…
Continue Reading A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created EqualPreGel 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 ClaimsMaybe 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.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 ItIn 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 AdmissionAfter 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 ExplainsA 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 GoldenWhile 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 Did