Mandatory Jurisdiction

The Business Court held that it had mandatory jurisdiction over a case involving the sale of financial products, holding "It is sufficient for purposes of removal to the Business Court that there are issues concerning which law applies which will have industry-wide application. The potential thus exists for the establishment of case law which may

The Business Court found that a case raising claims for receivership, securities law violations, piercing the corporate veil, and unfair and deceptive practices fell within its mandatory jurisdiction.  Among other things, the Court held that "claims based on piercing the corporate veil clearly fall within" its mandatory jurisdiction because they involve a material issue related

The Business Court held that it had mandatory jurisdiction over a claim involving the interpretation and validity of the corporate bylaws of an electric membership cooperative.  The bylaws were similar to those of a number of other electric membership cooperatives, and the Court held "that the disposition of this case may have an impact far

The Court found that a Complaint seeking commissions due which would require the interpretation of various infrastructure agreements concerning "the fiber optic infrastructure to support the provision of telecommunication and internet services" fell within its jurisdiction over matters involving "the internet and electronic commerce." 

The Court found additional support for the designation in Defendant’s counterclaim

If a case involves only a breach of a covenant not to compete or a confidentiality agreement, it is not within the mandatory "unfair competition" jurisdiction of the North Carolina Business Court.

The Complaint in this case asserted that the Defendant was improperly using a Confidentiality Agreement signed by the individual Plaintiff to threaten her so she wouldn’t call on potential

Plaintiff sued the Defendant Bank for allegedly allowing improper deposits of company checks into a personal account.  The Bank designated the case to the Business Court based on its jurisdiction over cases involving "the law governing corporations, partnerships, limited liability companies, and limited liability partnerships." 

The Plaintiff moved to remand, arguing that the case involved nothing more

The Court overruled an objection to its mandatory jurisdiction in this case involving a software license agreement.  It held, in affirming Defendant’s Notice of Designation of the case as one involving "intellectual property law," that:

Software licensing has become an integral part of economic life. Decisions concerning software licensing can have an impact beyond the confines

The Business Court overruled an objection to its mandatory jurisdiction over a Complaint alleging breach of a trademark license agreement.  It held "this case involves both the right to use trademarks and the right to use designs previously sold under the trademarked names at issue. It involves issues which fall within the mandatory issues supporting assignment