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

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

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

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

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the respondent “recyclers” qualified as “manufacturers” for purposes of the privilege tax under G.S. § 105-187.51 (now repealed).

N.C. Business Court Dismisses a Motion to Enforce Mediated Settlement Agreement After a Protracted Struggle Among Owners


In Local Social, Inc. v. Stallings, 2019 NCBC 8 (N.C. Super. Ct. Jan. 30, 2019), Judge Robinson granted the Plaintiffs’ Motion to Dismiss the Defendant’s Motion to Enforce the Mediated Settlement Agreement for lack of subject matter

N.C. Business Court Dismisses Third-Party Complaint Based on Bad Service.


In Sloan v. Inolife Techs., Inc., 2019 NCBC 3 (N.C. Super Jan. 9, 2019), the seller of a corporation’s controlling interest asserted third-party claims against an attorney who represented the buyer. Gary Berthold (the Third-Party Plaintiff) alleged various tort claims against attorney Randall Lanham