This post is a listing and short summary of the fourteen new cases designated to the Business Court during the month of April 2009. I may start doing a post like this on a monthly basis.
The Sunbelt v. Ahern case (which was settled almost immediately after it was filed) made me think of Yogi Berra.
Ammons v. Fire & Wire, inc. (Guilford)(Tennille): Dispute between shareholders of a fire alarm and security company. Plaintiff, a 1/3 shareholder of a Virginia corporation, alleges that his two co-shareholders set up a competing North Carolina company to engage in the same business.
Bason v. Euliss, Inc. (Alamance)(Tennille): enforceability of deed restrictions entered into by a dissolved corporation requiring the operation of an 18-hole golf course.
Browning Systems, Inc. v. Davis (Henderson)(Tennille): claim for breach of fiduciary duty and misappropriation of trade secrets against former officers and shareholder of Plaintiff for their actions in starting a competing business as issuing agents for Chicago Title Insurance Company. Counterclaims for breach of fiduciary duty, tortious interference, and dissolution of the Plaintiff.
ChampBoat Series, LLC v. In2Focus Films, Inc. (Mecklenburg)(Diaz): copyright case alleging that the Defendant has infringed on Plaintiff’s rights to audio and video of powerboat racing series.
Cunniff v. Lewis (Mecklenburg)(Diaz): shareholder derivative action against Bank of America regarding the Bank’s acquisition of Merrill Lynch.
LeCann v. Cobham, LeCann & Torres, P.A. (Wake)(Jolly): Dissolution of dental practice.
McKinnon v. CV Industries (Catawba)(Tennille): Interpretation of severance agreement and former shareholder’s rights under a Shadow Equity Plan.
Pfeiffer v. Frontier Spinning Mills, Inc. (Lee)(Jolly): securities fraud claim in connection with squeeze out merger, breach of fiduciary duty, self-dealing, dissenters’ rights.
Pharma Services, Network, Inc. v. Associated Medical Group (Mecklenburg)(Diaz): Dispute over agreements relating to clinical drug testing trials. (Don’t forget that the Business Court has mandatory jurisdiction over cases involving "biotechnology.")
Sunbelt Rentals, Inc. v. Ahern Rentals, Inc. (Mecklenburg)(Diaz): Claim by equipment leasing company against its competitor, charging that the defendant has "coordinated multi-state employee raids . . . to pirate away employees of Sunbelt through unlawful and unfair conduct." If you think this is deja vu all over again, well, you are right.
USFalcon, Inc. v. Yorktown Systems Group, Inc. (Wake)(Jolly): Dispute whether Defendants have an ownership interest in an LLC.
Waste Industries, LLC v. Waste Hauling Services, LLC (New Hanover)(Jolly): Dispute between waste disposal and collection companies. The Plaintiff claims that its competitor’s alleged failure to comply with municipal regulations constitutes unfair competition because the non-compliance reduces its competitor’s operational costs and results in an anti-competitive market.