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Who Decides Arbitrability? Judge Or Arbitrator? (Again)

By Mack Sperling on September 12, 2018
Posted in Uncategorized

Having a client required to arbitrate a case — even though that client never signed off on an arbitration provision — is nothing new.  Judge Conrad dealt with that situation late last month in Charlotte Student Housing DST v. Choate Construction Co., 2018 NCBC 88, where he said:

Because arbitration is a matter

…

NC Business Court On Changing A Witness’ Deposition Testimony

By Mack Sperling on August 13, 2018
Posted in Uncategorized

It is one of the most frustrating things you can have happen after concluding a successful deposition.  The witness backtracks on all the substantive admissions she has made during her testimony.

Can she really do that?  Well, yes.  Rule 30(e) of the North Carolina Rules of Civil Procedure says that the deponent can review her…

NC Business Court Warns Lawyers Not To Bring Chapter 75 Claims In Shareholder Disputes

By Mack Sperling on August 1, 2018
Posted in Uncategorized
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North Carolina’s Unfair And Deceptive Trade Practices Act (G.S. sec. 75-1.1) carries with it the heady possibility of triple damages and attorneys fees.  So nearly every Plaintiff’s lawyer routinely includes a Chapter 75 claim in his or her Complaint.

But last week, in Brewster v. Powell Bail Bonding, Inc, 2018 NCBC…

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About this Blog

This is a blog for lawyers, though I don’t mean to run anyone off who wants to read it. But I’m writing for the most part about cases that involve issues of North Carolina business law, and the day-to-day practice of business litigation in North Carolina courts.
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  • Delaware Business Litigation Report
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  • Electronic Discovery Law
  • New York Business Divorce Blog
  • Newsroom Law Blog
  • NY Times DealBook
  • Supreme Court of the United States Blog

Recent Updates

  • NC Business Court Castigates Pro Se Claimant For Abusive Language
  • NC Business Court Rejects Out-Of-State Lawyers’ Application For Fees As Unreasonable
  • Is The NC Business Court “Going To The Dogs?”
  • Part 2 of __ of the Business Court’s Orders Of Significance: Attorney-Client Privilege
  • NC Business Court Orders of Significance: Designating A Case To The NC Business Court (Part 1 of __)

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About Mack Sperling

I’m a business litigator in North Carolina.

I grew up in New York, went to college there (at Union College in Schenectady), and then came to North Carolina to law school at UNC-Chapel Hill. I clerked for United States District Judge Frank Bullock of the U.S. District Court for the Middle District of North Carolina after graduating. Read More

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