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15 result(s) for disqualify

NC Business Court: What Part Of Disqualification Do You Not Understand?

You will all recall the Business Court's disqualification of a law firm from representing its longtime client, in Kingsdown Inc. v. Hinshaw, 2015 NCBC 27. Now there is a second chapter to the disqualification, which came in an Opinion last...

Dead Partner And Disqualification

The Business Court on Wednesday disqualified a law firm from representing its longtime corporate client in a lawsuit against the corporation's former CEO and Chairman of its Board of Directors. The basis for the ruling in Kingsdown Inc. v. Hinshaw,...

A Couple Of Things To Know Before Bringing A Piercing The Corporate Veil Claim

You might remember the case of Cold Springs Ventures, LLC v. Gilead Sciences, Inc.. Last year, Judge Jolly stayed an arbitration proceeding pending a ruling on a piercing the corporate veil claim. If you are a reader of this blog,...

Another Disqualification Motion In The Business Court

The efforts to disqualify Defendants' counsel were unsuccessful in Atkinson v. Lackey. In denying the motion to disqualify this week, Judge Murphy gave some insight on Rule 1.9 of the Revised Rules of Professional Conduct. Rule 1.9 is titled "Duties...

Lawyer Who Might Be Called As Witness Not Disqualified

If you are making a motion to disqualify opposing counsel before Judge Murphy in the Business Court, his decision yesterday in McKee v. James is likely to be of concern. He not only denied the Motion, but he dropped a...

Hefty Judgments Against LLC Member Didn't Make Him "Insolvent" So As Disqualify Him From Membership Rights, Including Standing To Sue LLC

My favorite multi-volume treatise is Words and Phrases. If you don't know it, it is a super-legal dictionary that collects cases from every jurisdiction defining ... well, frequently used words and phrases. Since business litigation often turns on the definition...

Business Court Denies Motion For Disqualification Of Counsel

in an Order yesterday in International Forest Products Corp. v. Jackson Paper Mfg. Co., the Business Court denied a motion to disqualify defense counsel from representing Jackson Paper. The lawyers who were challenged were from the Atlanta firm of McKenna...

Business Court Grants Motion To Disqualify Counsel

The Business Court granted a Motion to Disqualify counsel today in Ferguson Fibers, Inc. v. Foster, and sent a cautionary word to lawyers who represent the employees of their corporate clients in what they might believe to be unrelated matters....

Business Court Grants Motion For Disqualification Of Counsel

The Business Court today granted a motion to disqualify counsel for Plaintiffs, finding their prior representation of the Defendants involved a matter "substantially related" to the matters at issue in the lawsuit. The law firm representing the Plaintiffs in The...

Herion v. Fieldcrest Cannon, Inc., February 23, 2000 (Tennille)(unpublished)

The Court found no bias or prejudice warranting that it enter an order recusing another judge. Bias requires a showing of personal enmity by the judge toward the party seeking to disqualify. Errors of law will not support recusal, as...

Symphony Service Corp. v. Motricity, Inc., October 23, 2007 (Jolly)(unpublished)

Plaintiff's counsel violated the Rules of Professional Responsibility by contacting a former employee of the defendant, who had participated substantially in the legal representation of the defendant before his termination. The Court struck the affidavit from the witness proferred by...

Wachovia Insurance Services, Inc. v. McGuirt, 2007 NCBC 3 (N.C. Super. Ct. Feb. 13, 2007)(Diaz)

Plaintiff's former employee was subject to restrictive covenants in an Amended Employment Agreement. He was also subject, however, to what he claimed were conflicting restrictions in a subsequently executed Stock Purchase Agreement. The former employee asserted that the claims under...

Classic Coffee Concepts, Inc. v. Anderson, 2006 NCBC 21 (N.C. Super. Ct. Dec. 1, 2006)(Diaz)

Defendant, who was a director, shareholder and former employee of the corporate plaintiff, moved to disqualify the corporate plaintiff's counsel. He argued that he reasonably believed that the law firm had represented him with regard to the agreements at issue...

Chemcraft Holdings Corp. v. Shayban, 2006 NCBC 13 (N.C. Super. Ct. Oct. 5, 2006)(Tennille)

Plaintiff's counsel had verbal discussions with the defendant, before litigation began, about the possibility of representation against his former employer. In the course of those discussions, the defendant sent counsel an email containing confidential information about the potential litigation. Plaintiff's...

Flick Mortgage Investors, Inc. v. The Epiphany Mortgage, Inc., 2006 NCBC 3 (N.C. Super. Ct. Feb. 1, 2006)(Diaz)

Defendant's counsel had formerly been a lawyer at the law firm of the plaintiff. Plaintiff moved to disqualify him as counsel. Although the firm-changing lawyer had only been minimally involved in the matter before his departure, the Court held that...