North Carolina Business Litigation Report

Mascaro v. Mountaineer Land Group, LLC, 2006 NCBC 18 (N.C. Super. Ct. Nov. 14, 2006)(Diaz)

The out of state defendant, who had received payments from the plaintiff on a promissory note, was subject to personal jurisdiction in North Carolina. Money was a "thing of value" within the meaning of the North Carolina long arm statute. The Court further found that it had specific jurisdiction over the defendant with regard to the matters at issue, which involved the same development project on which he had received payment pursuant to the promissory note.

The Court granted defendant's motion to dismiss, however, finding that plaintiff had failed to state a claim under the North Carolina Uniform Fraudulent Transfer Act because its claims were barred by the one year statute of limitation of N.C.G.S. §39-23.9, and also because the plaintiff had failed to plead the debtor's intent to defraud its creditors. The Court also rejected plaintiff's claims that it was entitled to a constructive trust.

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Mack Sperling
Brooks Pierce, LLP
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