Where Plaintiff’s claims related to an agreement that contained an expansive, mandatory forum selection clause, non-signatories to the agreement could invoke the clause. Alcof III NUBT, LP v. Chirco, 2024 NCBC 53 (J. Conrad). As a result, Plaintiff’s claims against Defendant-officers had to be prosecuted in the designated […]
Where a demand to inspect a limited liability company’s books is made by a member’s counsel and not by the actual member, the demand is insufficient under the statute. Extra Care, LLC v. Carolina All. For Residential Excellence, LLC, 2024 NCBC 41 (J. Earp). While counsel could conduct […]
Where the agreement’s choice of law provision applied North Carolina law, the provision would be followed even though the employee worked (and his alleged bad acts took place) exclusively in Illinois. Elior v. Thomas, 2024 NCBC 27 (J. Earp). Because the last act creating the agreement occurred in […]
Where a partnership’s reputation and success was based not just on the partners themselves but on the partnership’s internal team, the partnership could be considered a commercial—rather than merely a professional—partnership. Griffin v. Advisors Financial Center, LLP, 2024 NCBC 26 (J. Bledsoe). As a result, the partnership’s assets […]
Where a shareholder’s purported demand on a company merely complained about certain corporate-related activity but did not require any action be taken, it did not satisfy the statutorily required “pre-suit demand” needed to maintain a derivative action. JT Russell and Sons, Inc. v. Russell, 2024 NCBC 14 (J. […]
Where the parties’ contract required they pursue mediation before filing a lawsuit, this requirement did not extend the statute of limitations for any claims. Johnson Bros. v. City of Charlotte, 2024 NCBC 11 (J. Bledsoe). As a result, Plaintiff’s contract claims that were known more than two (2) […]
Where a medical practice terminated Plaintiff-physician under allegedly fraudulent circumstances, the claims affect the professional services rendered by a member of a learned profession. Stamatakos v. Carolina Urology Partners, PLLC, 2024 NCBC 8 (J. Davis). As a result, the “learned profession” exception of the Unfair and Deceptive Practices […]
Where there was no agreement on how losses would be shared among the parties, North Carolina law would not recognize the existence of a partnership between the parties. Cutter v. Vojnovic, 2024 NCBC 7 (J. Bledsoe). As a result, Plaintiff’s breach of fiduciary duty claims and other claims […]
An agreement’s expansive forum selection clause that encompasses all claims “related to” the agreement applies even to claims that do not allege a breach of the agreement. Karriker v. Harpoon Holdings, L.P., 2024 NCBC 6 (J. Conrad). So long as Plaintiff’s claims “relate to” the applicable agreement, Plaintiff […]
Where a party tries to effect service of process using a third-party delivery service, the Rules of Civil Procedure require the party use certain companies approved by the Secretary of the Treasury. BIOMILQ, Inc. v. Guiliano, 2023 NCBC 91 (J. Robinson). Because the counterclaim-plaintiff used a delivery serviced […]
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.
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