What's On Tap In The Business Court: Pending Motions To Dismiss, June 2008

This is a list of the eight cases (my count) in which Motions to Dismiss are fully briefed and ready for a ruling, with links to the Business Court file for each case:

CompuChem v. Shealy Environmental Services, Inc.: whether employee owed employer a fiduciary duty, validity of claim for aiding and abetting breach of fiduciary duty, tortious interference claim against competitor.  Defendant also argues that the Court should apply the "new" standard for evaluating a motion to dismiss articulated by the U.S. Supreme Court in Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955 (2007).

Covenant Equipment Corp. v. Forklift Pro, Inc.: permissible geographic and temporaral scope of a confidentiality agreement (under South Carolina law).

Crockett Capital Corp. v. Inland American Winston Hotels, Inc.: whether development agreement was a binding contract or an “agreement to agree.”

Fayetteville Imaging Associates, Inc. v. National Imaging Affiliates, Inc.: breach of fiduciary duty, internal affairs doctrine, duty of majority shareholder to minority, pleading fraud with particularity.  The Motion asserts that Tennessee law applies.

General Electric Capital Corp. v. Royal American Co., L.L.C.: impleader, propriety of third party complaint.

Hill v. StuHub, Inc.: Whether claim against on-line ticket website StubHub for scalping tickets is barred by the Communications Decency Act.

Hume v. Stevenson: unfair and deceptive practices (whether actions of defendant were "in commerce," whether transaction involved securities so as to be outside scope of statute), pleading fraud with particularity, motion for a more definite statement.

O’Henry, Inc.v. Advantage Marketing Wholesalers, L.L.C.: sufficiency of allegations of breach of contract (New Jersey law).

These are not complete descriptions of the pending issues, only a general summary. 

I did a similar post earlier this month on pending Motions for Summary Judgment, you can find that here.

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