Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse. Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding...more
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to press the right buttons. In Extra Care, LLC...more
On June 27, 2024, the North Carolina Business Court announced several changes to the Court’s composition. Chief Business Court Judge Louis A. Bledsoe, III announced his retirement effective January 1, 2025. Judge Bledsoe has...more
More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more
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
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
When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be...more
When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when it found a watery grave in 1718 had been...more
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
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry the day. In Trail Creek Invs., LLC v. Warren Oil Holding Co.,...more
Another fall, another amazing CLE for complex business litigators across the State: The Mecklenburg County Bar Association’s 11th Annual North Carolina Business Court CLE will take place on October 20, 2023....more
If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research...more
While an insurance carrier “labor[ed] valiantly” to rescue claims over $3.1 million in overpayments to a hospital in its network, the Business Court held it failed because the contract at issue “clearly and unambiguously”...more
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on...more
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.”...more
A business plan to promote vodka sales in North Carolina, with a particular focus on Duke University sports fans, was key to a North Carolina Business Court decision that GameDay Vodka had sufficient contacts with the state...more
The Mecklenburg County Bar Association’s 10th Annual NC Business Court CLE will be held at the Bar & Foundation Center, 511 Yellowstone Drive, 28208 on October 14, 2022....more
By Order dated June 15, 2022, the Supreme Court of North Carolina has approved amendments to the North Carolina Business Court Rules. Effective July 1, 2022, the Amended Rules will apply to all cases before the Business Court...more
On March 29, 2022, Governor Roy Cooper announced the nomination of Tenisha Jacobs to serve as Special Superior Court Judge with a designation to the North Carolina Business Court. Jacobs currently serves as General Counsel...more
The North Carolina Business Court has implemented a new subscriber-based email alert system to keep readers up to date on the Court’s recent decisions. The alert will hit subscribers’ inboxes every other Wednesday and contain...more
On January 5, 2021, the North Carolina Business Court published on its website guidance for attorneys seeking admission to the Court pro hac vice. You can find a link to the resource here along with additional information...more
On December 15, 2020, the North Carolina Business Court updated its Quick-Reference Guide for the North Carolina Business Court’s Electronic Filing System, a hyper-linked reference guide accessible from the Business Court’s...more
North Carolina Railroad Company Ruled Outside of Disclosure Law Even though State is Sole Owner and Selects all Board Members- Does an entity 100% owned by the State of North Carolina – with all of its directors appointed...more