Yesterday’s press release from the Governor’s Office with information on the nominees is available here:
https://governor.nc.gov/news/governor-cooper-nominates-four-special-superior-court-judges
Governor Cooper Nominates Four to Business Court Bench
Straight from the Source – Comments from the Business Court Judges
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
Business Court Narrows How Public Records Act Applies to Entities with Government Ties
North Carolina Railroad Company Ruled Outside of Disclosure Law Even though State is Sole Owner and Selects all Board Members
Does an entity 100% owned by the State of North Carolina – with all of its directors appointed by the state, and which admittedly works for the benefit of the state’s citizens – produce public
And… Another PJ Decision (Still not that kind…): Pre-conflict contacts are relevant.
Q: Are pre-conflict NC contacts relevant?
A: Yes.
Q: What if they relate to a separate contract between the parties?
A: Yes. Still relevant.
In Button v. Level Four Orthotics & Prosthetics, Inc., 2020 NCBC 18 (Mar. 13, 2020), Judge Robinson considered whether the court could exercise personal jurisdiction over Florida defendants based in
Special Shareholder Meetings: Where the minutes are kept, but the time (for notice) is wasted
Judge Robinson recently issued an order containing what may be the first interpretation of the “Special Meeting” provisions of the North Carolina Business Corporation Act (the “Act”), N.C. Gen. Stat. §§ 55-7-02 and -03, in In re Matter of Special Shareholders’ Meeting of Phytonix Corporation. The statute provides shareholders with a mechanism to demand
Can a Private Corporation Be Required to Produce Its “Public” Records?
N.C. Business Court Considers When a Private Company Can Be Deemed a State “Agency” for Purposes of the Public Records Act
In Southern Environmental Law Center v. Saylor et al., 2019 NCBC 59 (N.C. Super. Ct. Sept. 11, 2019), the Business Court considered whether the defendant North Carolina Railroad Company (the “Railroad”) was
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
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
Marshall at Sutter’s Sawmill
N.C. Business Court Dismisses All Counterclaims in a Dispute Stemming from a Failed Romance.
In Rabinowitz v. Suvillaga, 2019 NCBC 7 (N.C. Super. Jan. 28, 2019), Judge Robinson granted the Plaintiff’s motion to dismiss the Defendant’s counterclaims in an action involving an alleged agreement “predicated on the Defendant’s expectation” that the couple “would live
When It Pays to Be Scrappy
N.C. Business Court Grants (Partial) Victory to Scrap Metal ‘Manufacturers’
In N.C. Dep’t of Revenue v. Tri-State Scrap Metal, Inc. et al., 2019 NCBC 41 (N.C. Super. Ct. July 8, 2019), the Business Court addressed whether the respondent “recyclers” qualified as “manufacturers” for purposes of the privilege tax under G.S. § 105-187.51 (now repealed).