Reporting on Judicial Decisions of Significance to Business & Shareholders
Once the Business Court takes jurisdiction over case, that jurisdiction remains in place for the life of the case, regardless of dismissals of parties or changes in the nature of the claims.
In this case, the Plaintiff moved to remand the case to Superior Court, arguing that it had settled its claims with the party…
Complaint asserting breach of fiduciary duty by securities broker fell within the Court’s mandatory jurisdiction over securities matters, as did issues regarding enforceability of arbitration provisions in brokerage agreement.
Opposition to Notice of Designation
The Court granted a Motion opposing the designation of the case, which involved the allegedly fraudulent transfer of assets by a corporate defendant and its sole shareholder, as a mandatory complex business case. The Court ruled that the allegations did not present a material issue related to the law governing corporations. The Court found that…
The Court denied an Opposition to Designation of Action as a Mandatory Complex Business case, which was based partly on the argument that the case had been pending for a year before the Notice of Designation was filed.
The Complaint had been amended, however, to state a new claim for constructive fraud. The Court observed…
The Business Court on its own motion remanded a case which had been designated to the Court based on its mandatory jurisdiction over cases involving unfair competition.
In the Notice of Designation, the Defendant asserted that "as a case between two direct competitors focused on slander and libel claims, this lawsuit meets the criteria for…
The Court granted a Motion to Remand, holding that "this litigation is a straight forward contract case. Contract cases are routinely adjudicated in Superior Court."
A lawsuit regarding a residential property development, in which the Plaintiffs made claims against the developer of the project, its lenders, appraisers, and others under the Interstate Land Sales Full Disclosure Act, and for fraud, breach of fiduciary duty, and breach of contract, among others, fell within the Business Court’s mandatory jurisdiction. Some of the…
A case does not have to be "complex" in order to qualify for the Business Court’s mandatory jurisdiction. In Johnson v. Johnson, the Court held that:
Plaintiff argues that the legal issues in this matter are not so complex as to warrant Rule 2.1 designation. Yet complexity or the lack thereof is not an issue
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The Court had mandatory jurisdiction over a case involving Internet advertising, holding "[t]hat issue falls squarely within the definition of N.C. Gen. Stat. § 7A-45.4(a)(6) which covers material issues related to the Internet and electronic commerce. It also involves issues that would have implications for use of the Internet by others, both consumers and advertisers…