Standing

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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…

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…

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…