Standing

Don’t Fence Me In Again

By Craig Turner on September 6, 2019

Posted in Closely Held Business, Derivative Actions, Judge Conrad, Standing

N.C. Business Court Refuses to Allow Member-Managers to Assert Contract Claims Belonging to their LLC.

In its second opinion in Bennett v. Bennett, 2019 NCBC 45 (N.C. Super. Ct. Aug. 6, 2019), the Business Court denied Plaintiff Bert Bennett’s motion to dismiss a breach of contract claim by an LLC, but granted his motion…

Don’t Fence Me In

By Craig Turner on August 12, 2019

Posted in Closely Held Business, Dissolution, Fiduciary Duties, Judge Conrad, Meiselman Duties, Standing

N.C. Business Court Declines to Impose Fiduciary Duties among Sibling Managers of an LLC and Declines to Extend Any “Control Group” Exception to LLCs, but allows Dissolution Claim to Survive, which Creates a Possible Ruling on Meiselman’s application to LLCs.

In Bennett v. Bennett, 2019 NCBC 18 (N.C. Super. Ct. Mar. 15, 2019),…

Seven of One, Half a Dozen of the Other

By Craig Turner on July 29, 2019

Posted in Abuse of Process, Antitrust, Judge McGuire, Standing

N.C. Business Court Dismisses Counterclaims of an ALF Medical Provider for Lack of Standing.

In Doctors Making Housecalls-Internal Medicine, P.A. v. Onsite Care, PLLC, 2019 NCBC 5 (N.C. Super. Ct. Jan. 16, 2019), Judge McGuire granted the Plaintiff’s motion to dismiss the counterclaims of its competitor for lack of standing because the allegations…

War of the Roses

By Craig Turner on June 7, 2019

Posted in Closely Held Business, Dissolution, Judge McGuire, Judicial Estoppel, Meiselman Duties, Pierce Corporate Veil, Standing

N.C. Business Court allows one judicial dissolution claim to survive, but dismisses another premised on veil-piercing.

In the Business Court’s first opinion of 2019, Slaughter v. Winner Enterprises of Carolina Beach, LLC, 2019 NCBC 1 (N.C. Super. Ct. Jan. 7, 2019), Judge McGuire considered Defendants’ standing arguments under Rule 12(b)(1), and merits arguments under…

Smoke ’em if You Got ’em.

By Craig Turner on June 2, 2019

Posted in Derivative Actions, Judge Gale, Standing

N.C. Supreme Court Holds that Dilution of Shareholders’ Voting Power is an Injury Giving Standing to Sue, but Leaves Open Whether a Minority Shareholder Exercising Actual Control Owes Fiduciary Duties to other Shareholders.

In December 2018, the Supreme Court of North Carolina decided the appeal of Corwin v. British Am. Tobacco PLC in 4-3 decision…

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