North Carolina Business Litigation Report

Gateway Management Services, Ltd. v. Belmonte, February 24, 2009 (Tennille)(unpublished)

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 designation as a mandatory complex business case because it expressly involves state 'unfair competition law' separate and apart from section 75-1.1." The Defendant further alleged the Plaintiff's allegations of false statements by the Defendant regarding the Plaintiff's "methods of business and corporate integrity" brought the case within the mandatory jurisdiction of the Court.

The Court disagreed, stating in its brief Order that the case was "primarily concerned with libel and slander claims."

Full Opinion.

Notice of Designation and Complaint

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Mack Sperling
Brooks Pierce, LLP
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