If you are bringing or defending a derivative action in North Carolina, you may have to look to the law of another state to determine whether a pre-filing demand on the board of directors to pursue the claim is a prerequisite and whether there are any exceptions to the need for a demand. The
October 2010
Passing Off Chinese Product As A Superior American Product Yields Preliminary Injunction from NC Business Court
By Mack Sperling on
Posted in Watching The Court
Yesterday, the Business Court entered a preliminary injunction against a distributor which the Court determined had engaged in deceptive conduct by "passing off" a Chinese product as coming from the American manufacturer of a superior product, in Pittsburgh Corning Corp. v. McCormick Insulation Supply, Inc.
Plaintiff Pittsburgh Corning Corp. is the only American manufacturer of…
Business Court Interprets “Cookie-cutter” Partnership Agreement
By Mack Sperling on
Posted in Valuation
In a case decided Tuesday by the Business Court, the parties were at loggerheads over how the assets of a partnership were to be valued upon the dissolution of the partnership or the withdrawal of a partner. Judge Jolly granted the motion for summary judgment by EHP Land Company, the withdrawing partner of HPB Enterprises, which…