Mack Sperling

Mack Sperling

Brooks Pierce

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The Meaning Of "Successors," "Members," And "Designees" In A Release

The words "successors," "members," and "designees," as used in a Release were at issue in Judge Bledsoe's Opinion last week in TaiDoc Technology Corp. v. OK Biotec Co., 2015 NCBC 71. Plaintiff TaiDoc had settled a...more

7/21/2015 - Contract Interpretation Limited Liability Companies Members Release Agreements Releases Successors Summary Judgment

Complying With The Rules Is Important In The Business Court

There's an ominous sounding sentence in a Business Court decision this week: A party practicing before the North Carolina Business Court should take the deadlines imposed by its orders and the rules of practice very...more

6/20/2014 - Deadlines Rules of Civil Procedure Summary Judgment

Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

1/15/2014 - Expert Testimony Expert Witness Genuine Issue of Material Fact Patents Summary Judgment

Two Things To Avoid When Opposing A Motion For Summary Judgment

There aren't any great business law proclamations in Allran v. Branch Banking & Trust Corp., 2013 NCBC 41, decided late last week, but there a couple of procedural points that might help you avoid having summary judgment...more

8/6/2013 - Depositions Litigation Strategies Motion to Dismiss Summary Judgment

Be Ready To Prove Your Damages If You Want To Get To Trial

The lesson in the Business Court's first opinion of the year, Allen Smith Investment Properties, LLC v. Barbarry Properties, LLC, 2013 NCBC 1 is to be ready to present your calculation of damages at the summary judgment stage...more

1/8/2013 - Damages Dismissals Summary Judgment

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