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Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public

The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more

A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms

It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in 2002, through the 2008 financial...more

JNOV is a Tough Road, but it’s Not a One in a Million Shot

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 prevailing claim. But as the Business Court reminded in...more

When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?

The Palmetto Medical Group had a “messy divorce.” Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice Separation Agreement at...more

Minority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and Benefits

The minority shareholders of a podiatry practice felt like they had been kicked around by the alleged financial misadventures of two colleagues who together controlled an 80 percent interest....more

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms

As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court transaction autopsy. There was a missed...more

When Judging Investment Options By The Numbers, Second Follows First, And Nothing Else

At Fifth and Church streets in uptown Charlotte, a group of investors opened the aptly named restaurant, 5Church. Other locations and restaurant brands followed, the fifth of which – Sophia’s Lounge – landed next door to the...more

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