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.
In Toshiba Global Commerce Solutions, Inc. v. Smart & Final Stores LLC, 2020
Continue Reading When it comes to PJ, KYC (Know Your Contractor) – or at least where they are headquartered.
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.
In Button v. Level Four Orthotics
Continue Reading And… Another PJ Decision (Still not that kind…): Pre-conflict contacts are relevant.
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?
In Cohen v. Continental, 2020 NCBC Order 12 (N.C. Super. Ct. Mar. 12, 2020) Judge Gale discussed several practical PJ issues – including waiver and website/e-mail contacts. Some takeaways are:
Continue Reading Another PJ Decision: Remember – PJ is a waivable defense…
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)
Continue Reading More on PJ… (still, not that kind…): Contacts, not contracts, are key.
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
Continue Reading New Opinions on PJ (No, not that kind…): NC Supreme Court Opinion on Personal Jurisdiction