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

Court also Addresses Res Judicata Effect of Prior DeclaratoryJudgment Rulings

The North Carolina Supreme Court recently affirmed a December 2018 Business Court ruling in Orlando Residence, Ltd. v. Alliance Hospitality Mgmt., LLC that clarified Rule 13 crossclaim principles, created new doctrine on issue and claim preclusion, and provided issue-spotting fodder for civil procedure professors whose

Contacts, not contracts, are the key.

Shortly after the Supreme Court’s decision in Beem USA Limited-Liability Ltd. P’ship v. Grax Consulting, LLC, — N.C. –, 838 S.E.2d 158 (2020), Judge Gale decided a series of personal jurisdiction motions in Diamond Candles, LLC v. Winter, 2020 NCBC 17 (N.C. Super. Ct. Mar. 12, 2020)

In a series of recent opinions in Justice v. Mission Hospital, Inc., the Business Court dismissed claims that MedPay benefits were improperly routed to a treating hospital, dismissed the appeal of the dismissal, and dismissed the appeal of the dismissal of the appeal. First, the Court dismissed a purported class action on behalf of

In a much-watched case, the Supreme Court affirmed the decision of the Business Court in Sykes v. Health Network Solutions. The case was being watched mostly for its analysis of pure, state-law antitrust claims, but the Court evenly divided on that issue, leaving the Business Court’s dismissal standing. In exchange for that disappointment, the

N.C. Supreme Court Holds that Dilution of Shareholders’ Voting Power is an Injury Giving Standing to Sue, but Leaves Open Whether a Minority Shareholder Exercising Actual Control Owes Fiduciary Duties to other Shareholders.


In December 2018, the Supreme Court of North Carolina decided the appeal of Corwin v. British Am. Tobacco PLC in 4-3 decision