North Carolina Business Litigation Report

Mattress Now, Inc., v. KS Bank, Inc., August 12, 2009 (Tennille)(unpublished)

Once the Business Court takes jurisdiction over case, that jurisdiction remains in place for the life of the case, regardless of dismissals of parties or changes in the nature of the claims.

In this case, the Plaintiff moved to remand the case to Superior Court, arguing that it had settled its claims with the party which had designated the case to the Business Court. It asserted that the remaining claims did "not involve the corporate law and banking issues that justified removal of this case to the Business Court" and that none of the issues "require the expertise of the Business Court."

The Court denied the motion, holding "[t]his case was designated a mandatory complex business case pursuant to North Carolina General Statute Section 7A-45.4 on August 12, 2008. Once jurisdiction attaches, it remains attached for the entire case."

Full Opinion

Motion to Remand

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Mack Sperling
Brooks Pierce, LLP
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