As a trial attorney for more than twenty (20) years, I regularly litigate matters in the Business Court, helping companies who have both been wronged and accused of wrong doing. As the office managing partner of Womble's Greensboro office, I am uniquely positioned to understand how litigation may impact a company.
Where the sales contract required the buyer to submit a written request to inspect the property, the seller’s refusal to honor buyer’s oral inspection request did not constitute a breach of contract. Miriam Equities v. LB-UBS 2007-C2 Millstream Road, LLC, 2022 NCBC 3 (J.Earp). As a result, the […]
Where the limited partners’ summary judgment motion sought declaratory relief that was more expansive than the relief requested in the complaint itself, the Court would on consider the relief sought in the complaint. Woodcock v. Cumberland County Hospital System, 2022 NCBC 2 (J. Davis). As a result, the […]
Where a company provides the requisite information to prove the recipient is a shareholder, such information may nonetheless be inadequate if not received “within a reasonable time” after shares in the company are issued or transferred. Faw v. Wilkes Sombrero, Inc., 2021 NCBC 80 (J. Earp). Because only […]
An entity created for a single, special purpose does not necessarily mean that piercing the entity’s corporate veil is always appropriate. Loray Master Tenant, LLC v. Foss N.C. Mill Credit 2014 Fund I, LLC, 2021 NCBC 78 (J. Bledsoe). A plaintiff must still assert factual allegations that show […]
To rescind an unfavorable agreement based upon duress, a party must show factors other than the opposing party’s mere threat to breach an agreement. Loyd v. Griffin, 2021 NCBC 77 (J. Robinson). Absent such outside factors, the Business Court held, a shareholder was not entitled to rescind the […]
Where a business had properly come into possession of certain personal property, no claim for conversion could exist unless a demand for the property’s return was refused. Morris International, Inc. v. Packer, 2021 NCBC 66A (J. Davis). Because Plaintiff failed to present any evidence that it had demanded […]
Where a business that might otherwise not be subject to the personal jurisdiction of a North Carolina court nonetheless files a lawsuit in North Carolina, the Court can properly exercise jurisdiction over the company to hear all disputes between the parties without violating any due process rights. Vitaform, […]
Where a business convinced its competitor’s employee to take the competitor’s trade secrets before coming to work for the business, any justification for tortiously interfering with the employee’s contract was lost. Mechanical Systems and Services, Inc. v. Howard, 2021 NCBC 48 (J. Conrad). As a result, Plaintiff’s claim […]
Where a corporation’s board of directors decided to take a particular course of action that was unpopular with a shareholder, the board could not invoke the business judgment rule to prevent the shareholder’s statutory right to inspect the corporation’s books and records. Erwin v. Myers Park, 2021 NCBC […]
Where a business’ non-compete employment agreement precluded its former employee from contacting its suppliers, such restriction could constitute a legitimate business interest. KNC Technologies v. Tutton, 2021 NCBC 25 (J. McGuire). This was so, the Business Court held, even though the items the supplier provided were available elsewhere […]
Phil Mohr authors the North Carolina Business Court Report, crafting engaging posts discussing how recent decisions from the North Carolina Business Court impact companies doing business in North Carolina. He is a Partner at Womble Bond Dickinson (US) LLP.
North Carolina Business Court Report 