Mack Sperling

Mack Sperling

Brooks Pierce

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Two Cases From NC Business Court: Class Action Fees Doubled And Expedited Discovery Denied

Last week (well, two weeks ago, I'm kind of behind) seemed like class action week at the Business Court. Judge Gale issued three rulings in class action cases. ...more

10/21/2015 - Acquisitions Attorney's Fees Business Court Division Class Action Discovery Expedited Discovery Fee-Shifting Mergers Proxy Statements Sale of Assets Shareholder Litigation Shareholders

Can An NC Superior Court Judge Modify Another Judge's Classs Certification Order?

Is the certification of a class by an NC state court set in stone or can it be modified during the course of the litigation? The federal rule vs. the state rule - There is a difference between the federal rule...more

9/30/2015 - Class Action Class Certification Federal Rules of Civil Procedure Homeowners Interlocutory Orders KB Homes Real Estate Transfers Rule 23 Rules of Civil Procedure

Court Of Appeals Affirms Business Court Award Of $1 Million In Fees To Class Counsel

It seems like forever ago that the then venerable North Carolina institution, Wachovia Bank, failed and was acquired by Wells Fargo. (This was actually seven years ago). But just last week came what might be the final...more

9/21/2015 - Acquisition Agreements American Rule Appeals Attorney's Fees BVI Business Companies Class Action Settlement Agreements Wachovia Wells Fargo

Minority Shareholder Owed No Fiduciary Duty To Other Shareholders In Merger Transaction

Judge Gale's decision earlier this month in Corwin v. British American Tobacco PLC, 2015 NCBC 74 dismissed all of the claims of the Plaintiff class. If the name Corwin is ringing a bell with you, his case is the shareholder...more

8/19/2015 - Board of Directors Class Action Delaware General Corporation Law Dismissals Fiduciary Duty Merger Agreements Mergers Minority Shareholders RJ Reynolds Shareholder Litigation Shareholders Tobacco

When You Wish Upon A (Lode)Star: NC Business Court Cuts Fees Requested By Attorneys For Class Plaintiffs

The Business Court last week knocked down a fee request of Plaintiffs' class action counsel to $500,000, from the $660,000 requested, in an Order in Nakatsukasa v. Furiex Pharmaceuticals, Inc., 2015 NCBC 68. The...more

7/9/2015 - Attorney's Fees Business Court Division Class Action Pharmaceutical Industry Shareholder Litigation

Business Court: High To Low Posting of ATM Debit Card Transactions Properly Disclosed By Bank

The meaning of the word "item" was the definitive factor in the Business Court's decision last week in Gay v. People's Bank, 2015 NCBC 59. The case was an attempted class action involving claims against the Bank for...more

6/15/2015 - Banking Sector Banks Business Court Division Checking Accounts Claim Preclusion Class Action Overdraft Fees Terms and Conditions

Is It Worth It For Plaintiffs' Counsel To Gamble On Merger Class Actions in North Carolina?

I hadn't written anything yet about the multiple shareholder actions challenging the merger of PokerTek -- a developer and distributor of electronic table (gambling) games -- with Multimedia Games -- another developer and...more

1/30/2015 - Class Action Derivative Suit Disclosure Material Disclosures Shareholder Litigation Shareholders

Business Court Resolves A Trio Of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more

9/23/2014 - Attorney's Fees Class Action Depositions Discovery Fee Agreements Protective Orders Witnesses Young Lawyers

A Million Dollars In Fees For Class Counsel in Wachovia/Wells Fargo Merger Lawsuit

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was...more

4/10/2014 - Attorney's Fees Business Litigation Class Action Corporate Counsel Mergers Settlement Wachovia Wells Fargo

The YMCA Wins Case In NC Business Court

It's hard to conceive of a more unlikely Business Court case than Keister v. National Council of the Young Men's Christian Assocation of the United States of America, a purported class action by YMCA members....more

7/25/2013 - Class Action Premises Liability Sexual Assault Sexual Harassment

North Carolina Business Court Defers To Delaware Courts In Class Action Challenging Sealy Merger

Maybe one day North Carolina will be the center of the business litigation universe, but for now the center of that universe remains in Delaware. The Order last week in Justewicz v. Sealy Corp., 2012 NCBC 57 -- in...more

12/3/2012 - Class Action Order to Stay

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