Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
In a costly episode of Aaron Sorkin’s adage that “decisions are made by those who show up,” the majority shareholder in a pair of family-controlled oil and gas companies learned of about 850,000 reasons why attendance can be...more
This is an update to our firm’s previous article covering the creation of Texas’ new business court system and Fifteenth Court of Appeals. These new courts were created in 2023 by the 88th Texas Legislature and will begin...more
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse. Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding...more
The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more
The road leading away from HCA Healthcare’s 2019 acquisition of the multi-campus Mission Health hospital system in Western North Carolina has been a bumpy ride. HCA has faced suit connected to the transaction alleging it...more
North Carolina litigants commonly assert claims under the Unfair and Deceptive Trade Practices Act. But the tantalizing prospect of being awarded treble damages and attorneys’ fees can blind attorneys to the statute’s...more
Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to press the right buttons. In Extra Care, LLC...more
On June 27, 2024, the North Carolina Business Court announced several changes to the Court’s composition. Chief Business Court Judge Louis A. Bledsoe, III announced his retirement effective January 1, 2025. Judge Bledsoe has...more
A member seeking to dissolve an LLC which owns a mothballed amusement park in Maggie Valley, North Carolina, didn’t have a “ghost of a chance” to close out a struggling, yet functional, company. In McClure v. Ghost Town in...more
Texas Governor Greg Abbott continues to announce the first wave of judicial appointees to the Texas Business Courts and the intermediate court of appeals which will oversee them—all of which are slated to go into effect on...more
The Texas legal landscape will change significantly on September 1, 2024, with the launch of the Business Court and the 15th Court of Appeals. While the start date is set, many details are still uncertain. In this episode,...more
Last Friday, June 9, Texas Governor Greg Abbott signed Texas House Bill 19, which codifies a business court system in Texas. Similar to the commercial court systems that exist in Delaware and New York, Texas's business court...more
More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the key components of the...more
The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more
It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in 2002, through the 2008 financial...more
Like most states, North Carolina law protects employers from misappropriation of confidential and proprietary trade secrets. Last month, the North Carolina Business Court (a division of the Superior Court that handles complex...more
On February 14, 2024, Chief Administrative Judge Joseph Zayas signed an Administrative Order amending Section 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts (Rules of the Commercial Division of the...more
When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be...more
Texas is known as a business-friendly state. With every biennial session, the Texas Legislature passes laws affecting our courts and commercial disputes. This post discusses changes from the most recent regular session that...more
When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when it found a watery grave in 1718 had been...more
A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the prevailing claim. But as the Business Court reminded in...more
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile and try again. But first, the...more
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the company says approved unauthorized personal salary...more
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry the day. In Trail Creek Invs., LLC v. Warren Oil Holding Co.,...more