A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the
Continue Reading JNOV is a Tough Road, but it’s Not a One in a Million ShotJudge Robinson
In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go Unspoken
A Charlotte area law firm alleged it struck a necessary, and rather ordinary, deal with departing partners to divide fees on contingent cases transitioning among firms based on time expended…
Continue Reading In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go UnspokenEpisode 2: The One Where the Consent Order Didn’t Bring Much in the Way of Finality
In one of many litigations to arise from alleged contamination at the Fayetteville Works chemical manufacturing plant, the Business Court recently decided that a “been there, done that” motion to…
Continue Reading Episode 2: The One Where the Consent Order Didn’t Bring Much in the Way of FinalityProve it! Lessons learned from recent N.C. Business Court rulings on fee petitions.
By Jeff MacHarg and La-Deidre Matthews.
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or…
Continue Reading Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.Vodka Maker’s Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina Courtroom
A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay…
Continue Reading Vodka Maker’s Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina CourtroomCourt Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country Club
For the golf fan curious about the finances and back-office maneuvering of “Big Golf,” nothing has been better than the LIV Golf-PGA Tour throwdown played out in dueling press conferences…
Continue Reading Court Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country ClubBusiness Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court Loss
Facing a $12.8 million judgment, a plaintiff sought recourse in a legalmalpractice claim against his trial counsel for its alleged role in that unhappy result. But his undoing was the…
Continue Reading Business Court Finds that Alleged Lack of Diligence by Law Firm Had No Impact on Large Trial Court LossCan a Lengthy Complaint Provide Too Much Notice of its Claims?
In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” that…
Continue Reading Can a Lengthy Complaint Provide Too Much Notice of its Claims?All that Glitters May Just be Yellow Paint
Defendant in “Sham Technology” Case Wins Jurisdiction Argument on Lack of Service, but Waives it by Appearing Post-Judgment in Attempt to Protect Assets
In the Land of Technology Oz a…
Continue Reading All that Glitters May Just be Yellow Paint
To Thine Own Documents be True
Evidence a Party Controls, but Fails to Marshal at Trial, Falls Short of High Bar to Undo a Final Judgment Based on an Adversary’s Fraud
When a motion for reconsideration…
Continue Reading To Thine Own Documents be True