Going pro se in the NC Business Court is a bad idea. At least it was for the Plaintiff in Gillespie v. Majestic Transport, Inc., 2017 NCBC 43 who saw his claims dismissed (without prejudice) for failing to comply with
North Carolina Business Litigation Report
Reporting on Judicial Decisions of Significance to Business & Shareholders
The North Carolina Business Litigation Report, published by Brooks Pierce LLP, focuses on business litigation issues within North Carolina. It covers topics such as covenant not to compete agreements, procedural rules and sanctions in business court cases, motions for summary judgment, deposition testimony revisions, and other corporate dispute matters. The blog discusses court rulings, procedural compliance, and practical implications for business litigators, emphasizing North Carolina Business Court decisions and their impact on corporate governance, contract enforcement, and litigation strategy.
Latest from North Carolina Business Litigation Report - Page 5
When You Settle A Case, Don’t “Over-Release” The Defendant
The parties to Security Camera Warehouse, Inc. v. Bowman, 2017 NCBC 38, had been adverse to each other in a previous lawsuit (not in the Business Court), which they settled. Security Camera released Bowman, one of its former owners,…
These Class Action Lawyers Made Their Fees The Old-Fashioned Way. They Earned Them!
It’s not very often that I see a fee application in a settled class action in the Business Court that doesn’t strike me as requesting approval of an overpayment for a less than successful result. Those are most often in…
Is There A “Secret Rule” In The NC Business Court Regarding Motions To Compel?
Thinking of filing a Motion to Compel in the NC Business Court? You might want to file it before the close of the discovery period, even though there is no Business Court Rule establishing a deadline for doing so.
That’s…
It Doesn’t Take Magic Words To Revoke An Offer
The lawyers in Baker v. Bowden, 2017 NCBC 30, decided this week by Judge Robinson, were negotiating a settlement agreement by email. The Plaintiff thought that it had a deal. When the Defendant balked, the Plaintiff moved the Business…
First Published Opinion From New Business Court Judge Conrad
NC Business Court On Conflicting Rules Of Civil Procedure: Do You Need Leave Of Court To Amend Your Answer To Add A Counterclaim?
If I asked you if you were familiar with Rule 13(f) of the NC Rules of Civil Procedure, I’m betting that you would respond with a glassy stare and a slack jaw. That Rule deals with a counterclaim that…
Defending A Former Employee On a Non-Compete Or For Misappropriation Of Trade Secrets? Read This.
Do you really have to rush to Court to obtain an injunction for a misappropriation of trade secrets? Maybe not. But for an injunction enforcing a non-compete agreement, maybe yes. The Plaintiff in American Air Filter Co. v. Price…
NC Business Court: What Is Intrusion Into Seclusion?
I had never heard before of a “privacy tort” claim for “intrusion into seclusion.” But it exists in North Carolina per Judge Gale’s Opinion in Dishner v. Goneau, 2017 NCBC 7, decided in the NC Business Court this week. …
Internal Affairs Doctrine Leads To Dismissal Of An Aiding And Abetting A Breach Of Fiduciary Duty Claim By NC Business Court
A lot of North Carolina court decisions have questioned whether a claim for “aiding and abetting a breach of fiduciary duty” can be made in North Carolina (many of them are cited in ¶16 of the Islet Sciences Opinion referenced…