The Business Court recently reminded that while there is great value to showing up and seeing what might happen at mediation, the costs of a decision to avoid the processContinue Reading A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated
If a court “throws the book” at steadfastly uncooperative litigants, did it really happen if there’s no one around to take the hit? The Business Court tested that “tree falling…Continue Reading Do Sanctions Against AWOL Litigants Make a Sound When they Land?
By Jeff MacHarg and Sarah Traynor
Think back-dating that email will help your case? Think again.
Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022)…
Continue Reading Business Court Imposes Sanctions on Attorney-Litigant for Falsifying Evidence
At Least Make Sure You’re Still in the Water if you Must Try It
Sometimes, when discovery in a commercial case has been a mess, a party that imposes unusual…
Continue Reading Swapping Litigation Horses Midstream is a Treacherous Course
Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with…
Continue Reading Discovery Holes Can be Escaped, but First: Stop Digging
Business Court Turfs a
In a dispute among the members of a dissolved soccer gear company, the Business Court flashed a “red card” on litigants who…
Continue Reading A Discovery Kick Hits “Pay Dirt” and Soccer Company Principals Face Sanctions
Considering whether to add a Chapter 75 claim to your breach of contract dispute? If you don’t have substantial aggravating circumstances, resist the urge and don’t assert the Chapter 75…
Continue Reading Once … Twice … Three times… You’re sanctioned.
Business Court Sanctions Party for Discovery Misconduct and Awards Forensic Examination
It started out like a typical Business Court case: a company filed suit against its former employees (and their…
Continue Reading A New Frontier for Sanctions