New Cases In The North Carolina Business Court: November 2009

Nine  new cases were designated to the Business Court during November 2009:

Alexander Hospital Investors, LLC v. Frye Regional Medical Center, Inc. (Alexander)(Tennille): dispute between the owner of Alexander Community Hospital and its former tenant regarding the Defendant's alleged actions in causing the facility to lose its Medicare and Medicaid certification.

American Mechanical, Inc. v. Bostic (Randolph)(Diaz): claims against officers and directors of an insolvent corporation for constructive fraud and breach of fiduciary duty to creditors. The same claims are made in the Yates Construction case, below, and are similar to claims in an already pending case in which the Court has issued an opinion on the obligations of corporate insiders in a situation of deepening insolvency.

CCE Development Corp. v. Jebara Investments, LLC (Mecklenburg)(unassigned): lawsuit regarding a like-kind exchange in which Plaintiff sought to pierce the corporate veil between the attorney handling the transaction and a related title services company. The case was immediately remanded to Superior Court by a short order in which the Court ruled that allegations seeking to pierce the corporate veil are, standing alone, not sufficient for mandatory Business Court jurisdiction.

Lee v. Coastal AgroBusiness, Inc. (Sampson)(Jolly): claims regarding an inoculant applied by Plaintiff to its peanut crop, which Plaintiff alleges caused damage to the crop. Jurisdiction is based on the Business Court's jurisdiction over biotechnology matters.

Phelan v. Harbor Capital Management (Haywood)(Diaz): Claims by Defendant, a registered investment adiviser, against two of its former representatives who left the Defendants' firm, including claims for breach of fiduciary duty, tortious interference, misappropriation of trade secrets, and unfair competition.

Polytec, Inc. v. Andrews (Iredell)(Diaz): claims for breach of covenant not to compete and tortious interference with contract.

Press Communications, LLC v. Wachovia Bank, N.A. (Mecklenburg)(Tennille): claims regarding interest rate swaps.

Tyson v. Tyson: minority shareholder dispute. Claims for dissolution, breach of fiduciary duty, breach of reasonable expectations, conversion, fraud, and accounting, among others.

Yates Construction Co. v. Bostic (Rockingham)(Diaz): claims against officers and directors of an insolvent corporation for constructive fraud and breach of fiduciary duty to creditors. The same claims are made in the American Mechanical case, above, and are similar to claims in an already pending case in which the Court has issued an opinion on the obligations of corporate insiders in a situation of deepening insolvency.

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