The North Carolina Court of Appeals has before it a number of the interesting issues decided by the Business Court over the past several months.

There are, by my count, fifteen Business Court decisions on appeal to the Court of Appeals.  The cases involve class actions, derivative actions, forum selection clauses, motions to stay, and antitrust law, among other matters.

The list of cases on appeal is below, with links to earlier posts or case summaries on this blog about the Business Court decision as well as the dates of the most recent filings in the Court of Appeals.


Teague v. Bayer AG (Appellant’s Brief filed November 21, 2007; Appellee’s Brief filed January 23, 2008).  Antitrust case involving issues of indirect purchaser standing. 

Class Actions

Blitz v. Agean (Record on Appeal filed June 16, 2008).  Denial of class action under the Federal Telephone Consumer Protection Act.

Moody v. Sears Roebuck and Co. (briefing concluded January 2008, argued March 5, 2008).  Need for court approval before dismissal of class action.

Derivative Actions

Egelhof v. Szulik  (Appellant’s Brief filed June 5, 2008).  Sanctions against derivative action plaintiff and his lawyers.

Gaskin v. J.S. Proctor Co. (Record on Appeal filed June 24, 2008).  Whether claims of limited partners against general partner were derivative, or direct.

Regions Bank v. Regional Property Development Corp. (Notice of Appeal filed May 20, 2008).  Dismissal of derivative action by members of limited liability company. 


Kornegay v. Aspen Asset Group, LLC (Notice of Appeal filed June 18, 2008).  Appeal from jury verdict finding breach of contract to pay bonus compensation and existence of bonus agreement and violation of North Carolina Wage and Hour Act.  Post-trial, the Court refused to award liquidated damages under the Act.

Motions To Stay

Signalife, Inc. v. Rubbermaid Inc. (Appellants’ Brief filed June 13, 2008).  Grant of Motion to Stay based on case filed earlier, through electronic means, in federal court. 

Wachovia Bank v. Harbinger Capital Partners Master Fund I (Record filed May 30, 2008).  Grant of Motion to Stay of North Carolina action in favor of a subsequently filed New York lawsuit. 

Forum Selection Clause

Sony Ericsson Mobile Communications USA, Inc. v. Agere Systems (Record on Appeal filed May 9, 2008).  Enforceability of forum selection clause.


Heinitsh v. Wachovia Bank (Appellant’s Brief filed 11/13/2007; Appellee’s Brief filed January 14, 2008).  Dispute over distribution of trust proceeds, propriety of attorneys’ fees incurred by trustee.

Miscellaneous Issues

Eleanor B. Johnson Limited Partnership v. Ball (Record on Appeal filed May 29, 2008).  Issues involving receivership and arbitration. 

Kintz v. Amerilink LTD (Notice of Appeal filed May 27, 2008).  Appeal of jury verdict in breach of contract case.

Media Network, Inc. v. Long Haymes Carr, Inc. (Notice of Appeal filed May 1, 2008).  Appeal of jury verdict regarding breach of advertising contract.

Schlieper v. Johnson (Appellant’s Brief filed February 15, 2008; Appellee’s Brief filed April 15, 2008).  Dismissal of claims for fraud, negligent misrepresentation, unfair and deceptive trade practices, and breach of contract regarding sale of business.

The photo at the top of this post is from Lance McCord’s photostream on Flickr.