Where a member of an LLC makes just general allegations in her complaint that she demanded the LLC take action before filing suit, such allegations are insufficient to satisfy the statute’s pre-suit demand requirement. Al-Hassan v. Salloum, 2020 NCBC 14 (J.Conrad). Without a proper demand, the member was […]
Where a business begins operations for the purpose of hiring away employees and winning business from another, the new company might not be a “competitor” for purposes of certain legal claims. Med1 NC Services, LLC v. Med1 Plus, LLC, et al. 2020 NCBC 15 (J.McGuire). Because the plaintiff’s […]
Where a business was organized as a corporation rather than an LLC, the duties and obligations owed to and among the owners will be governed by statutes dealing with corporations. Panzino v. 5Church, Inc., 2020 NCBC 13 (J. Conrad). Thus, notwithstanding the fact that the owners referred to […]
Where a company rebuffs a qualifying shareholder’s demand to hold a special meeting for a particular purpose, the Business Court obtains jurisdiction to order a meeting once the by-laws’ time to notice a meeting passes. In Re Matter of Special Shareholders’ Meeting of Phytonix Corporation, 2020 NCBC 3 […]
Where a lawsuit asserts at least one claim that is not “utterly baseless,” a plaintiff is immune from liability based solely on the pursuit of its lawsuit. Lowder v. Phillips, et al., 2020 NCBC 1 (J.McGuire). Because Plaintiff stated a claim for misappropriation of trade secrets (“MTS”), Defendant’s […]
As we raise a glass to say goodbye to 2019 and welcome 2020, we take a look back at some of the more significant opinions the Business Court published over the last twelve months (or so). These cases would be helpful for any company which does business in […]
Where a partner seeks to enforce his statutory right to inspect a foreign partnership’s records, the claim is one of those types that need not be brought in the partnership’s home jurisdiction. Albright v. Vining-Sparks Securities, Inc., et al., 2019 NCBC 80 (J.Gale). As a result, Plaintiff’s claim […]
Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class […]
Where a claim for unfair or deceptive trade practices pursuant to N.C.G.S. §75-1.1, et al. (“UDTP”) would be barred because a defendant qualifies under the statute’s “learned profession” exception, such exception is not applicable to a plaintiff’s common law claim of unfair competition against the same defendant. Southeast […]
Whether a president or other high-ranking officer of a business can be deposed will not be determined by the federal courts’ officer-friendly “Apex Doctrine,” but instead by the liberal discovery rules of N.C.R.C.P. 26 and the extent of the officer’s personal knowledge about the issues. Duke Energy Carolinas, […]
Philip Mohr