The minority shareholders of a podiatry practice felt like they had been kicked around by the alleged financial misadventures of two colleagues who together controlled an 80 percent interest. AContinue Reading Minority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and Benefits
As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm…
Continue Reading “As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms
Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.”
JCG & Associates, LLC vs. Disaster America …
Continue Reading No License, No Contract, No Claim
Hog Supplier Allowed Discovery to Prove Smithfield Foods Impermissibly Favored Other Vendors Despite Contract Clause
The paths that lead to the North Carolina Business Court are often paved with the…
Continue Reading NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan
Business Court Confirms a Right
To Invest in a “Second” Project
Extends No Further
At Fifth and Church streets in uptown Charlotte, a group of investors opened the aptly named…
Continue Reading When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else
N.C. Business Court Digs into Pleading Requirements in Tossing Three Misrepresentation-Based Claims
A “failed deal” or contract often gives rise to claims for breach of contract, fraud, and/or negligent misrepresentation.
Continue Reading Scrutinizing With Particularity
Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company
In Curvature, Inc. v. Cantel Computer Servs. Ltd., 2019 NCBC 47 (N.C.
Continue Reading When the (International) Shoe Doesn’t Fit
N.C. Business Court Dismisses Two Contract Claims on Summary Judgment for Lack of Mutuality
In separate cases, the North Carolina Business Court answers the question: When exactly is a contract…
Continue Reading Not an Offer He Can’t Refuse
N.C. Business Court Dismisses All Counterclaims in a Dispute Stemming from a Failed Romance.
In Rabinowitz v. Suvillaga, 2019 NCBC 7 (N.C. Super. Jan. 28, 2019), Judge Robinson granted …
Continue Reading Marshall at Sutter’s Sawmill
N.C. Business Court Dismisses a Motion to Enforce Mediated Settlement Agreement After a Protracted Struggle Among Owners
In Local Social, Inc. v. Stallings, 2019 NCBC 8 (N.C. Super. Ct.
Continue Reading Lernaean Hydra