At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and here is our recap of what we heard and learned. As always, we strive to be accurate reporters, but this is not a verbatim recitation
How High is the Bar to Prove a Plaintiff’s Complaint is a Mere Sham?
In the Business Court,
Consider it Pole Vaulting
A familiar Business Court journey – former employees and alleged trade secret misappropriation – took a detour in Lowder Construction, Inc. v. Ronald Phillips, et al., 2020 NCBC 1, 2019 WL 91867 (N.C. Super. Ct. Jan. 8, 2020). See Order and Opinion. A departed employee counter-claimed
Once … Twice … Three times… You’re sanctioned.
Considering whether to add a Chapter 75 claim to your breach of contract dispute? If you don’t have substantial aggravating circumstances, resist the urge and don’t assert the Chapter 75 claim. In a recent order, Judge McGuire made clear that asserting an unjustified Chapter 75 claim may get you sanctioned.
More snow leopard than
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. Each claim presents its own path to relief. And that path is replete with obstacles, beginning with pleading requirements unique to each claim. Even a
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
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 Remains Suspicious of a Chapter 75 Claim Involving Internal Corporate Strife, But Allows the Claim to Survive the Pleadings Stage
The Business Court tentatively waded back into its well-settled case law that tends to scold litigants who try to convert internal company disputes into unfair trade practice claims in Constr. Managers, Inc. v. Amory, 2019 NCBC 31, 2019 WL 2167311 (N.C. Super. Ct. May 17, 2019). In doing so, the Court denied much of
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 formed? The Court reminds business leaders that parties do not form an enforceable agreement until their minds meet on all the material terms.
In Denver
Seven of One, Half a Dozen of the Other
N.C. Business Court Dismisses Counterclaims of an ALF Medical Provider for Lack of Standing.
In Doctors Making Housecalls-Internal Medicine, P.A. v. Onsite Care, PLLC, 2019 NCBC 5 (N.C. Super. Ct. Jan. 16, 2019), Judge McGuire granted the Plaintiff’s motion to dismiss the counterclaims of its competitor for lack of standing because the allegations
War of the Roses
N.C. Business Court allows one judicial dissolution claim to survive, but dismisses another premised on veil-piercing.
In the Business Court’s first opinion of 2019, Slaughter v. Winner Enterprises of Carolina Beach, LLC, 2019 NCBC 1 (N.C. Super. Ct. Jan. 7, 2019), Judge McGuire considered Defendants’ standing arguments under Rule 12(b)(1), and merits arguments under