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 refileContinue 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
“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 Rule
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 Care
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
“Cause I’m the taxman, yeah, I’m the taxman.”
Taxman, The Beatles (1966)
Wary of the old maxim about giving inches and losing miles, the North Carolina Department of Revenue…Continue Reading Yes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!