Only two months into 2025, and the Business Court has already denied two motions for leave to add claims to pierce the corporate veil. My fellow-Foxer, Brad Risinger reported here
Continue Reading Want to pierce the corporate veil? Plead facts, not just factors.
Ace is the Place for Many Things, but not Always for Proper Rule 4 Service
Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy
Continue Reading Ace is the Place for Many Things, but not Always for Proper Rule 4 ServiceProductivity and Progress: Recap of the 2024 Business Court Report and Some Civics
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North Carolina Business Court. The Report includes data on case types, number of cases, pending
Continue Reading Productivity and Progress: Recap of the 2024 Business Court Report and Some Civics
A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet
Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims
Continue Reading A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet
Even in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major Hurdle
The road leading away from HCA Healthcare’s 2019 acquisition of the multi-campus Mission Health hospital system in Western North Carolina has been a bumpy ride. HCA has faced suit connected
Continue Reading Even in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major Hurdle
Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to
Continue Reading Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts
A Pirate’s Story, it Turns Out, is Worth its Weight in Gold
When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when
Continue Reading A Pirate’s Story, it Turns Out, is Worth its Weight in Gold
When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force
Joshua Langley worked for Autocraft, Inc. for more than five years and rose to have wide access to its business affairs and “substantial responsibility for its overall operations.” While still
Continue Reading When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force
A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated
The Business Court recently reminded that while there is great value to showing up and seeing what might happen at mediation, the costs of a decision to avoid the process
Continue Reading A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated
Silence as to Some Facts in a Complaint can be Golden
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 Bivins
Continue Reading Silence as to Some Facts in a Complaint can be Golden