The Business Court last month resolved a clash between North Carolina’s “Seed Law” and the Uniform Commercial Code, in Kornegay Family Farms, LLC v. Cross Creek Seed, Inc., 2016 NCBC 30. The Plaintiff in the Kornegay case is one
It’s possible to get an NC state court to enjoin a party from pursuing parallel litigation in another American state. But what about enjoining a party before an NC court from pursuing a parallel case in another country?
The NC
The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a
It is pretty common to think that limited liability company members have similar rights as shareholders in a corporation.
But they don’t, (although in some respects the rights afforded to LLC members may be better). The Business Court made that
Recovering the $1,000+ fee for designating a case to the Business Court seems like the unattainable Holy Grail for successful parties in the Court. That’s so even though the NC General Assembly amended the statute listing items recoverable as a
Filing a Notice of Appeal seems like a pretty easy thing to do. You walk it over (or mail it) to the Clerk of Superior Court in the County in which the case was filed, and the Clerk puts a
Disclosure only settlements are in deep trouble in Delaware based on the Court of Chancery’s decision last month in In re Trulia Inc. Stockholder Litigation. That decision is said to have sounded a “death knell” in Delaware for such
The Business Court issued a significant Order last week, in Composite Fabrics of America, LLC v. Edge Structural Composites, Inc., 2016 NCBC 11 that Judge Gale said was an “opportunity to clarify. . .how the Court interprets the statutory mandates
The NC Business Court’s decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court. Don’t Make “Aiding and Abetting” Claims The Plaintiff made a claim against some of the
I don’t draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to