The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a lawyer who is certified as an appellate specialist by the North Carolina State Bar’s Board
Is It Better To Be A LLC Member In The Minority Than A Minority Corporate Shareholder?
It is pretty common to think that limited liability company members have similar rights as shareholders in a corporation.
But they don’t, (although in some respects the rights afforded to LLC members may be better). The Business Court made that pretty clear last week in Fiske v. Kieffer, 2016 NCBC 22.
The Defendant
Do You Think You can Recover The $1100 Fee For Designating A Case To Business Court As A “Cost”? Maybe You Can’t.
Recovering the $1,000+ fee for designating a case to the Business Court seems like the unattainable Holy Grail for successful parties in the Court. That’s so even though the NC General Assembly amended the statute listing items recoverable as a "cost" (G.S§ 7A-305) to add the $1,100 designation fee as a recoverable item
Don’t Count On The Sheriff To File Your Notice Of Appeal
Filing a Notice of Appeal seems like a pretty easy thing to do. You walk it over (or mail it) to the Clerk of Superior Court in the County in which the case was filed, and the Clerk puts a "filed" stamp on it indicating the date on which it was filed.
Remember that when
A Couple Of Things Not To Do In The NC Business Court
The NC Business Court’s decision last month in Krawiec v. Manly, 2016 NCBC 7, illustrates a couple of things not to do in the Court.
Don’t Make "Aiding and Abetting" Claims
The Plaintiff made a claim against some of the Defendants for aiding and abetting the other Defendants in their alleged breach of contract.
Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.
I don’t draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to be enforceable. What?
Judge McGuire granted a Motion to Compel Arbitration in that case
Should An Arbitrator Or A Judge Be The One To Decide Whether An Arbitration Is Barred By Res Judicata
There are all sorts of questions when court proceedings run alongside an arbitration dispute. Who decides issues that cut across both? Judge? Arbitrator?
Assume that you represented the Claimant in an arbitration In which the opposing party (the Respondent) made a number of counterclaims on which it was awarded a substantial amount. You’re still smarting
Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction
I don’t think that it was worth it for TSG to appeal Judge Murphy’s Order denying its Motion for a Preliminary Injunction on a covenant not to compete. That’s true even though an injunction (though not on the covenant) was ultimately granted by Judge Bledsoe in an unpublished Order on December 14th.
From Business Court
Problems To Avoid When Making A Meiselman Claim And/Or Filing A Derivative Action
The Business Court’s Opinion last week in Coleman v. Coleman, 2015 NCBC 110, provides useful guidance on how to properly plead a Meiselman claim, and proper procedure to follow before making a derivative claim.
Plaintiff in the Coleman case made both a Meiselman claim and a derivative claim. As you will guess from
A Couple Of Points About Receiverships
There’s a lot to wonder about receiverships. Like, how is the Receiver’s compensation calculated? And does it make a difference to compensation if a corporate shareholder says the receivership was unnecessary, and that it was obtained for improper purposes?
Judge Bledsoe answered those questions this week in Ekren v. K&E Real Estate Investments, LLC