A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In BivinsContinue Reading Silence as to Some Facts in a Complaint can be Golden
Judicial Dissolution of a “Deadlocked” LLC in North Carolina is a Big Ask When There is Evidence of Even Limited Cooperation Among Members
Plaintiff Lee Norris and defendant James Schaafsma…
Continue Reading When Finding a Corporate Stalemate is Like Searching for Bobby Fischer
Counsel in North Carolina Derivative Actions can Represent Company, and Targeted Directors who do not Face “Serious Charges of Wrongdoing”
Amidst a “bitter family dispute” over future control of a…
Continue Reading One Law Firm. Two Clients. Three Times the Complexity.
It’s not often that the rote listing of involved attorneys at the outset of a Business Court opinion gives much of a clue of what issues lie ahead. A curious…
Continue Reading Cross-Border Litigations Over Control of an LLC with an Unusual Twist: the Same Law Firm on Both Sides of the Battle
Judge Robinson recently issued an order containing what may be the first interpretation of the “Special Meeting” provisions of the North Carolina Business Corporation Act (the “Act”), N.C. Gen. Stat.
Continue Reading Special Shareholder Meetings: Where the minutes are kept, but the time (for notice) is wasted
Before you judge a man, walk a mile in his shoes. After that who cares? He’s a mile away and you’ve got his shoes!
-Billy Connolly, Scottish comedian, shoe sage.
Continue Reading Derivative Claim Boots are Made for Walking, Business Court Says, but Only When an LLC Leaves Them on the Rack.
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.
Continue Reading Don’t Fence Me In Again