The Business Court addressed the appropriate bounds for expert testimony proposed to establish damages, and perhaps to provide editorial guideposts for the jury, in W. Avalon Potts v. KEL, LLC, et al, 2019 NCBC 60, 2019 WL 4744646 (N.C. Super. Ct. September 27, 2019). See Order and Opinion. We discussed the case in
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. Super. Ct. Aug. 13, 2019), the Business Court considered whether it could exercise personal jurisdiction over the England-based defendant based on a contract that was
What the Business Court Judges Want You to Know
Following up on my post from earlier this week, the Mecklenburg County Business Court CLE concluded on Friday with the panel of Judges, Chief Judge Bledsoe, Judge McGuire, and Judge Conrad, sharing some practice pointers and personal preferences. What follows is my summary and interpretation of what they said. As with my
Derivative Claim Boots are Made for Walking, Business Court Says, but Only When an LLC Leaves Them on the Rack.
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.
The N.C. Business Court might not be your first stop for tips on picking quality footwear, but in the spiritual homestead of Air Jordans, solid
Business Court Statistics
This past Friday, the Mecklenburg County Bar held its 7th Annual North Carolina Business Court CLE. If you regularly practice in the Business Court, this is a “must attend.” There were a number of helpful, relevant, and informative presentations, but the highlight of the CLE was the day’s last session, when attendees heard directly
N.C. Business Court Declines to Adopt Rule that a Minority Shareholder Exercising “Actual Control” Could Have Fiduciary Duty to Other Shareholders.
The Business Court sorted through the drama of an affiliated outsider who wanted to buy a company, settled for half and became an insider, and then allegedly used that perch to benefit himself and his family in W. Avalon Potts v. KEL, LLC, et al, 2019 NCBC 29, 2019 WL 2058599 (N.C. Super. Ct.
A Worldwide Covenant not to Compete May Someday Merit a Preliminary Injunction, but it Won’t Likely Come Soon in the N.C. Business Court.
Sometimes when seeking a trail of breadcrumbs to help unwind a twisty problem, one finds the whole loaf, instead. So it was for the N.C. Business Court in granting a preliminary injunction on a claim for misappropriation of trade secrets in Biesse America, Inc. v. Dominici, 2019 NCBC 50 (N.C. Super. Ct. Aug. 19,
Don’t Fence Me In Again
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. Aug. 6, 2019), the Business Court denied Plaintiff Bert Bennett’s motion to dismiss a breach of contract claim by an LLC, but granted his motion
Don’t Fence Me In
N.C. Business Court Declines to Impose Fiduciary Duties among Sibling Managers of an LLC and Declines to Extend Any “Control Group” Exception to LLCs, but allows Dissolution Claim to Survive, which Creates a Possible Ruling on Meiselman’s application to LLCs.
In Bennett v. Bennett, 2019 NCBC 18 (N.C. Super. Ct. Mar. 15, 2019),
When a Legally Protected Activity is in the Mist, but Not in the Complaint
N.C. Business Court Dismisses Inadequately Pled Retaliation and Wrongful Discharge Claims.
In Michael J. Kelley v. Charlotte Radiology, P.A., 2019 NCBC 14 (N.C. Super Feb. 27, 2019), Judge Conrad granted a motion to dismiss claims alleging wrongful discharge and a violation of the Retaliatory Employment Discrimination Act (REDA). The case involved a dispute between