Given the dinosaur-like status of the fax, it was a surprise that there were two North Carolina decisions last week, one from the Court of Appeals and one from the Business Court, that involved faxes. The appellate decision is a class action case; the Business Court decision addressed the more mundane subject of how much
June 2009
Mast v. Edward D. Jones & Co., June 3, 2009 (Tennille)(unpublished)
Complaint asserting breach of fiduciary duty by securities broker fell within the Court’s mandatory jurisdiction over securities matters, as did issues regarding enforceability of arbitration provisions in brokerage agreement.
Opposition to Notice of Designation
Directors Of Corporation Facing “Deepening Insolvency” Owed Fiduciary Duties To Creditor
Directors of corporations verging on insolvency can owe fiduciary duties to creditors under certain circumstances. Whether those duties were owed — and whether the claim for their breach had been released as a part of the corporation’s bankruptcy proceeding — were the main issues yesterday in Phillips and Jordan, Inc. v. Bostic, 2009 NCBC…
“Reverse” Piercing The Corporate Veil Claim Rejected Based On Judicial Estoppel
You don’t see a "reverse" piercing the corporate veil case very often, but the Business Court decided one yesterday in Health Management Associates, Inc. v. Yerby, 2009 NCBC 14 (N.C. Super. Ct. June 1, 2009). The Court rejected a Plaintiff’s argument that its own corporate veil should be pierced, and granted summary judgment in…
A Message From The North Carolina Business Court About E-Discovery
There isn’t much out there in the way of a road map from North Carolina’s state courts on how lawyers should fulfill their obligations to produce electronically stored information. So you might want to take notice of a little bit of direction in today’s Order from the Business Court in Hill v. StubHub, Inc.
By…
New Cases In The North Carolina Business Court: May 2009
Eighteen new cases were designated to the Business Court during the month of May 2009. Most are the usual disputes between members, partners, or shareholders of business organizations, but there are a few securities claims and a couple of trade secrets cases as well.
[Update: It’s actually nineteen new cases, I added the Napco case…