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
This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
Continue Reading No rubber stamps here. Judge Conrad denies a motion to seal.
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s Law Dictionary or result in frequent opinion cites for Keith Richards and Mick Jagger, the
Continue Reading 19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You Want
The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and
Continue Reading Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile
Continue Reading Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the
Continue Reading A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine”
Continue Reading A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging
While an insurance carrier “labor[ed] valiantly” to rescue claims over $3.1 million in overpayments to a hospital in its network, the Business Court held it failed because the contract at
Continue Reading Business Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did
When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third.
In Vitaform
Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say
Just last year, in assessing the extent to which a director has a duty to oversee a corporation’s business affairs, the Business Court noted the “limited guidance” afforded by state
Continue Reading Corporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers