State law antitrust claims in North Carolina seem to go together with unfair and deceptive trade practices claims (Chapter 75 claims) like peanut butter and jelly. Section 75-2 of the General Statutes says that “any act, contract, combination in the form of trust, or conspiracy in restraint of trade or commerce which violates the
NC Business Court Steps Into Uncharted Territory On Advancement And Indemnification For Corporate Officers
Judge Robinson boldly went where no North Carolina Judge writing published Opinions had gone before last month in the case of Wheeler v. Wheeler, 2018NCBC117. The subject was a corporate officer’s right to the advancement of legal fees incurred in defending against a lawsuit.
Judge Robinson noted that there was only “one case
NC Business Court: Attorney-Client Privilege For Corporations
The NC Business Court delivered a full Opinion last week on attorney-client privilege in Technetics Group Daytona, Inc. v. N2 Biomedical, LLC, 2018 NCBC 115. It’s on the subject of the scope of attorney-client privilege accorded to corporate clients.
That a corporation is entitled to the protection of the attorney-client privilege is “generally
NC Business Court Deals With “Unclean Hands”
The Business Court Opinion last month in Shaw v. Gee, 2018 NCBC 108, deals with two interesting trial procedure issues: how to preserve all your arguments for making motions for judgment not withstanding the verdict and for a new trial.
Shaw had won at
Chief Justice Of NC Supreme Court Issues Blanket Order Extending Time In Fourteen Counties Due To Hurricane Florence
This hurricane — Florence — has proved so far to be underwhelming in Greensboro.
But North Carolina is nevertheless taking this hurricane very seriously. It’s seen as so devastating that the Chief Justice of the NC Supreme Court has issued blanket extensions of time in cases pending in 14 Counties, most on the coast
Who Decides Arbitrability? Judge Or Arbitrator? (Again)
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
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
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
It May Not Be Worth It For Plaintiffs’ Lawyers To Come To North Carolina And To Seek Fees Based On Disclosure Only Class Settlements
I have been complaining about the fees approved by the NC Business Court for those lawyers obtaining disclosure only settlements since there was a Wachovia Bank. Some of you may not be old enough to remember that venerable bank.
Now, at last, Judge Gale has found a disclosure only settlement to have yielded (almost)
Don’t Do This If You Are Out-of-State Counsel Appearing in The NC Business Court
The title of Judge Bledsoe’s Opinion in Carolina Home Solutions 1, Inc. v. Crystal Home Solutions, Inc., 2018 NCBC 57, is ominous in itself. It is titled “Order and Opinion Denying Pro Hac Vice Admission and Referral to the Georgia and North Carolina State Bars.”
How hard is it to get a pro