It’s Just Business

Analysis of North Carolina Business Court Decisions (and other musings)

Hog Supplier Allowed Discovery to Prove Smithfield Foods Impermissibly Favored Other Vendors Despite Contract Clause
The paths that lead to the North Carolina Business Court are often paved with the broken hearts of business partners whose interests, and fortunes, have
Continue Reading NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan

Discord within a faith community comes with all the challenges of a secular dispute, but carries with it the special responsibility that members of a congregation share in a collective spiritual undertaking. Yet, there are limits that test even the
Continue Reading In a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put Asunder

State’s Authority over North Carolina Railroad Company Might be Significant, but Deemed Control of a “Shareholder,” not a “Sovereign”
In a case closely watched by public transit activists and “government in the sunshine” advocates, the North Carolina Supreme Court last
Continue Reading NC Supreme Court Narrows What Counts as a “Public Record” Held by Private Entities with Extensive Government Ties

As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court considered a trade
Continue Reading Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a Rarity