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 PublicJudge Bledsoe
Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
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 DiscoveryA Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
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 ClaimsA Trade Secret Tale: When a “Gold Mine” is not Worth the Digging
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 DiggingBusiness Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did
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 DidAn Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say
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 SayCorporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers
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 OfficersHalf the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a…
Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending RulePatient’s Second “Injury” – Billing for Medical Care
Claims not Within Physician-Patient Relationship, Court says, but also are “Entwined with” and “Directly Tied” to Care
Charles McNew was injured in a fall at his home in June 2021…
Continue Reading Patient’s Second “Injury” – Billing for Medical Care2022 Business Court CLE: What the Business Court Judges Want You to Know
On October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of…
Continue Reading 2022 Business Court CLE: What the Business Court Judges Want You to Know