Every so often, I add cases decided by the Business Court to the Case Database part of this blog. These cases are less significant than those that get a blog post– at least in my unbridled and unchecked editorial discretion over this blog — but nevertheless include some valuable points.
Email and RSS notifications don’t go out when I add these cases, so you won’t have seen them unless you’ve done some searching through the Database.
Here’s a short list of the last several cases I added to the Database, with links to the summaries:
Abraham v. Jauregui: denying a motion opposing mandatory designation of a case involving a real estate development, and setting out factors why the case was appropriate for designation to the Business Court. (There are many other cases in the database involving the mandatory jurisdiction of the Court).
Allen v. Land Resource Group: Dismissing negligence and fraud claims against lenders which had financed residential lot purchases in a failed real estate development. Also dismissing claims under the Interstate Land Sales Full Disclosure Act.
BB&T BOLI Plan Trust v. Massachusetts Mutual Life Ins. Co.: granting a motion to stay discovery pending resolution of a motion to dismiss.
Charlotte-Mecklenburg Hospital Authority v. Wachovia Bank, Inc.: granting a motion to dismiss fiduciary duty claims and unfair and deceptive practices claim by bank customer against the bank for alleged mismanagement of securities investments.
Griffin v. Carolina Power and Light: granting motion that a shareholder who guarantees the debt of a corporation does not have an injury "separate and distinct" from the injury sustained by the corporation itself giving him standing to sue for the breach of a contract with the corporation. Further holding that a shareholder "cannot assert claims against a third party for loss of its equity investment in a corporation."
Laney v. Corn: enforcing a mandatory forum selection clause.
Mattress Now, Inc. v. Vickers: sanctioning a pro se party for failing to appear at a mediation.
Napco, Inc. v. PBM Graphics, Inc.: denying a motion for preliminary injunction under the North Carolina Trade Secrets Protection Act.
You can get to the Case Database — where you can search by keyword — by clicking the link at the upper left hand corner of the blog.