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 Did
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 Finality
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.
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
A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay
Continue Reading Vodka Maker’s Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina CourtroomRobert Martin was the president of a medical device company, Vent Tech Corporation, during times that the company alleges he embezzled funds and through lax oversight allowed the company to
Continue Reading Buyer Acquired Claims “of Any Kind,” Including Seller’s Charge that its Own President’s Misconduct Forced a Sale at Suppressed Price
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” that
Continue Reading Can a Lengthy Complaint Provide Too Much Notice of its Claims?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?