In the 1930’s, North Carolina began an ad campaign describing the state as "Variety Vacationland." UNC’s Wilson library says that the advertising resulted in a "growing number of visitors to places like Asheville, Pinehurst, and the Outer Banks" and that it "heightened their reputation as excellent vacation areas."
What do places like Pinehurst and the
The excitement from the Business Court today is a ruling on, of all things, the Rule Against Perpetuities. The Opinion is in Brown Brothers Harriman Trust Co. v. Benson.
The subject of perpetuities is addressed in the North Carolina Constitution. It says that "perpetuities and monopolies are contrary to the genius of a free state
The Court struck Defendants’ Motion for Summary Judgment because it violated Business Court Rule 15.2, which requires that "[]ll motions, unless made orally during a hearing or trial, . . . be in paper writing or electronic form and . . . be accompanied by a brief . . . set out in a separate
The Court ruled that Defendants’ appeal, following an adverse judgment on liability, did not affect a substantial right even though the damages phase of the trial remained. The Court found that it had continued jurisdiction over the case and that it could proceed with the damages phase notwithstanding the pendency of the appeal. The Court
You’ve certainly been caught in the gap between a trial court proceeding that isn’t completely over, and an interlocutory appeal. One side wants to proceed ahead in the trial court, but the other wants a reversal in the appellate court. Can the trial court proceed?
The Business Court entered an Order today in the case
The Business Court on its own motion remanded a case which had been designated to the Court based on its mandatory jurisdiction over cases involving unfair competition.
In the Notice of Designation, the Defendant asserted that "as a case between two direct competitors focused on slander and libel claims, this lawsuit meets the criteria for
The Court granted a Motion to Remand, holding that "this litigation is a straight forward contract case. Contract cases are routinely adjudicated in Superior Court."
There weren’t any opinions from the Court of Appeals last week which would have been considered for the legal equivalent of an Oscar, but three cases are worth an honorable mention. They involve arbitration, the statutory requirements for contracting with a municipality, and a healthcare law case involving Certificates of Need.
Arbitration
The arbitration case
Members of a "pretended corporation" may have personal liability as individuals when a plaintiff has extended credit to the corporation, but they are not personally liable for all contractual obligations of the corporation. In this case Defendant, a shareholder of a corporation that had not been formed, was not personally liable for the pretended corporation’s
The Court entered a stay of discovery pending its resolution of a Motion to Dismiss.