North Carolina Business Litigation Report

"Provides timely summaries of decisions of the North Carolina Business Court, which is North Carolina's equivalent of the Delaware Court of Chancery, as well as summaries of business-related decisions of North Carolina's appellate courts."

Author: Mack Sperling is a partner at Brooks, Pierce, McLendon, Humphrey & Leonard in Greensboro, N.C.

Blawg Related Categories: Trials & Litigation • States • North Carolina • Partner • Business Law

Recent Posts from North Carolina Business Litigation Report

North Carolina's Attorney General And State Treasurer Duke It Out
One of the unusual things about the litigation over the Wachovia-Wells Fargo merger (which I'm hoping will come to a close soon so this blog won't be all Wachovia all the time) was the flood…
Preliminary Injunction Hearing In Wachovia-Wells Fargo Merger Lawsuit
There's only one thing for sure after today's preliminary injunction hearing in the lawsuit over the merger between Wachovia and Wells Fargo. And that is that Judge Diaz displayed remarkable patience after more than three…
Is Wachovia's Share Exchange With Wells Fargo Invalid?
Can it be that the Share Exchange Agreement, which gave Wells Fargo 40% of the voting control over Wachovia stock, is invalid? That's exactly what the Plaintiff in the shareholder class action asking for an…
Temporary Restraining Order Entered In Trademark Dispute Between Jewelers
The first round in a trademark dispute between two jewelers over the right to use the name "Windsor Jewelers" went to a WInston-Salem, North Carolina company. Judge Diaz entered a Temporary Restraining Order yesterday in…
Arbitration Provision Enforced Even Though It Was Never Signed By Plaintiff
The Plaintiff had never signed the agreements containing the arbitration provisions which the Defendant sought to enforce, but the Business Court on November 19 nevertheless granted a Motion to Compel Arbitration in American Drywall Construction,…
Court Of Appeals Reverses Order Granting Rule 11 Sanctions In A 2-1 Split
The Court of Appeals split yesterday on whether a Plaintiff and his lawyers who continued with a lawsuit after they should have determined that it was not well grounded in fact or law could be…
Wachovia Shoots Back: Says Its Board Of Directors Fulfilled Its Fiduciary Duties In Negotiating Merger With Wells Fargo
Wachovia has filed its Brief in opposition to Plaintiff's Motion for Preliminary Injunction, laying out the case why its Board of Directors fulfilled their fiduciary duties in agreeing to the Merger with Wells Fargo. The…
North Carolina State Treasurer Says Wachovia-Wells Fargo Merger is "Highway Robbery"
This morning on CNBC, North Carolina State Treasurer Richard Moore referred to Wells Fargo's pending acquisition of Wachovia as a "shotgun marriage," "highway robbery," and as not being fair to Wachovia shareholders. The State Treasurer…
Update On The North Carolina Lawsuit Seeking To Block The Wachovia-Wells Fargo Merger
If you are following the shareholder class action seeking to enjoin the Wachovia-Wells Fargo merger, Plaintiff filed his Brief in support of his Motion for Preliminary Injunction yesterday. The focal point of Plaintiff's argument is…
"Neutral Evaluation" Is One Of Several Alternatives To Mediation In North Carolina
Mediation often devolves into the mediator shuttling back and forth between two rooms, carrying alternating declining and increasing offers to the parties. There are times during this ping ponging of offers when I wish the…