North Carolina Business Litigation Report

Recent Posts from North Carolina Business Litigation Report

• A Problem With The Soon To Be Effective Time Computation Changes To The Federal Rules Of Civil Procedure?

  It looks like there is a small problem with the impending amendments to the Federal Rules of Civil Procedure. The drafters seem to have overlooked an important point: exactly how will the Rule changes apply…

• The Business Judgment Rule Applies To Actions By Managers Of North Carolina Limited Liability Companies

  It might seem self-evident that the Business Judgment Rule applies to decisions made by the managers of a limited liability company, but if you were looking for a North Carolina case to cite on that…

• Parent Company Not Liable For The Actions Of Its Subsidiary

  It is “an important and longstanding characteristic of corporate law” that a shareholder is not liable for corporate obligations. That principle led yesterday to the Business Court’s grant of summary judgment for a parent corporation, its…

• The Court Of Appeals Won't Be Sending You Oral Argument Calendars Any More

  The march towards paperless courts continues in North Carolina. The latest step is the elimination by the Court of Appeals of paper copies of oral argument calendars. You remember those. They came on yellow paper…

• 7-11: Judge Diaz And Judge Wynn Nominated To Fourth Circuit Court Of Appeals

  Judge Albert Diaz of the North Carolina Business Court was nominated today by President Obama to serve on the Fourth Circuit Court of Appeals. Senators Kay Hagan and Richard Burr both issued glowing statements about…

• NC Court Of Appeals Yesterday: Three Decisions

  There were three decisions yesterday from the Court of Appeals worth a quick mention for the business litigator (and the baseball fan). First, Fischer Investment Capital, Inc. v. Catawba Development Corp. is a piercing the corporate…

• Veil Piercing Allegations Aren't Enough For Mandatory Business Court Jurisdiction

  If you are thinking of designating a case to the Business Court because the Complaint raises allegations that the corporate veil should be pierced, stop.  Those types of allegations, without more, aren't enough to invoke…

• New Cases In The North Carolina Business Court: October 2009

  There were ten new cases designated to the Business Court during October 2009. They include two lawsuits against former officers and directors of Wachovia regarding the collapse of Wachovia (Browne and Harris). Abraham v. Jauregui (Onslow)(Jolly):…

• Out Of State Counsel, Depositions, And Pro Hac Vice Admissions In North Carolina

  I had an out of state lawyer call me, concerned, a few weeks ago. He was defending a client in his home state in a case in which the plaintiff's counsel had obtained commissions to…

• Take A Look At The New Raleigh Business Court

  Here are a few pictures of the new North Carolina Business Court in Raleigh, thanks to Judge Jolly and his staff giving me a quick tour yesterday. The Court moved to the Campbell Law School's…