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
No License, No Contract, No Claim
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
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NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan
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
When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else
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
Scrutinizing With Particularity
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.
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When the (International) Shoe Doesn’t Fit
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
Not an Offer He Can’t Refuse
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
Marshall at Sutter’s Sawmill
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
Lernaean Hydra
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
Unhappy Campers
The Business Court considers a variety of claims arising out of a family campground business in Bohn v. Black, 2019 NCBC 34.
The Black Forest Family Camping Resort, Inc.,
Continue Reading Unhappy Campers