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the respondent “recyclers” qualified as “manufacturers” for purposes of the privilege tax under G.S. § 105-187.51 (now repealed).
Lernaean Hydra
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
Like When You Can’t Hear a Mobile Call
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