Business Court Rule 9.2 says that "the movant shall have a good faith basis for requesting any . . . extension of time and, except in extraordinary cases, the movant shall first consult with any opposing party and reflect that party’s position in the motion and indicate whether the opposing party wishes to be heard
Case Database
Revolutionary Concepts, Inc. v. Clements Walker, PLLC, September 2, 2008 (Tennille)(unpublished)
In this legal malpractice action, the plaintiff alleged that the defendant law firm had failed to comply with "standards established by the Rules of Professional Conduct promulgated by the North Carolina State Bar." The Court granted a Motion to Strike with regard to this language, observing that "the Rules of Professional Conduct of the North…
State ex rel. Cooper v. McClure, April 4, 2007 (Tennille)(unpublished)
Plaintiff sought an injunction preventing Defendant from selling its assets in North Carolina. The Motion was filed pursuant to N.C. Gen. Stat. § 1-485, which permits an injunction when "the defendant threatens or is about to remove or dispose of his property, with intent to defraud the plaintiff."
The Court denied the injunction, finding that it…
Azalea Garden Board & Care, Inc. v. Vanhoy, February 28, 2008 (Tennille)(unpublished)
The personal representative of a decedent was not required to give personal notice of the deadline for filing claims against the estate to a claimant, as required by N.C. Gen. Stat. § 28A-14-1, where she did not have actual knowledge of the claim. The Court also determined that she had no obligation to conduct an…
Cope v. Daniel, June 10, 2008 (Tennille)(unpublished)
The Business Court denied the Defendant’s request to amend its Answer to add a statute of limitations defense and a defense of ERISA preemption. Judge Tennille found that the Defendant had unduly delayed by raising the statute of limitations defense fourteen months after the filing of its Answer, and that the Plaintiff would be prejudiced if it…
Eglinton v. Blue Ridge Bone & Joint Clinic, P.A., May 29, 2008 (Diaz)(unpublished)
The Business Court dismissed Plaintiff’s claim that he had been dismissed from his employment in violation of the public policy of North Carolina.
Plaintiff, a doctor who had been employed by the Defendant medical practice, alleged that he had been forced to resign his employment while he was disabled and seeking medical treatment. He asserted that…
Gateway Management Services, Inc. v. Advanced Lubrication Technology, Inc., 2008 NCBC 11 (N.C. Super. Ct. May 5, 2008)(Tennille)
When you have an additional three days to respond to a filing served by mail, and the response period ends on a weekend or holiday, this is how you calculate the response period:
"The correct formula for the computation of a time period during which a filing is required is as follows: number of days
…
Ikerd v. Greenwood, 2008 NCBC 9 (N.C. Super. Ct. April 30, 2008)(Tennille)
A Notice of Designation must be actually filed in the county in which the case originated within thirty days of receipt of service of the Complaint in order to be timely, not just served within that time frame.
N.C. Gen. Stat.Sec. 7A-45.4(b) allows a defendant to designate an action as a complex business case "by filing a Notice of…
Fliehr v. Storick, December 11, 2007 (Diaz)(unpublished)
Although Plaintiff’s claims were timely against the insurance agent they claimed had defrauded them, those claims were not timely against the agent’s employer. The agent had terminated his relationship with his employer several years before the lawsuit was filed. Although the statute did not run against the agent, because the alleged fraud continued, the Court…
Azalea Garden Board & Care, Inc. v. Vanhoy, February 28, 2008 (Tennille)(unpublished)
Defendants moved to dismiss on the ground that their signatures did not appear on the agreement which was the subject of the suit. The Court denied the motion based on plaintiff’s claim that the defendants were co-adventurers. Since adventurers in a joint venture are treated as partners in a partnership, the signature of one alleged…