It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in
Continue Reading A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of AcronymsContracts
Friends, Family, and Partnerships: a Litigation Tale as Old as Time
“Ray Reason, along with his aunt and uncle, decided to go into business with Gerald Barfield, a family friend who was a real estate developer.”
When that’s a line in…
Continue Reading Friends, Family, and Partnerships: a Litigation Tale as Old as TimeWhen “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?
The Palmetto Medical Group had a “messy divorce.”
Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice…
Continue Reading When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million
When Philip Harvey died in December 2021 he owned more than 400 shares of common capital stock in PHE, Inc., a Hillsborough, North Carolina-based business that sells sexual wellness…
Continue Reading Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 MillionMinority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and Benefits
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. A…
Continue Reading Minority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and Benefits“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms
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 …
Continue Reading No License, No Contract, No Claim
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.
Continue Reading Scrutinizing With Particularity