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Third Time’s the Charm. Mostly.

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

In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go Unspoken

A Charlotte area law firm alleged it struck a necessary, and rather ordinary, deal with departing partners to divide fees on contingent cases transitioning among firms based on time expended by each, with an included true up...more

When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains

After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus verdict for the...more

Silence as to Some Facts in a Complaint can be Golden

A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins v....more

Campsite Moments: Stars, S’Mores, and Statements of Material Fact

Jesse Shaver alleges that a founder and CEO of Raleigh-based defense contractor Vadum, Inc., “tricked him into losing his right to equity” in the company. In Shaver v. Walker, 2023 NCBC 27, he claimed that Aaron Walker and...more

Some Corporate Insiders Can Safely Throw Stones from Glass Offices

The North Carolina Supreme Court ruled recently that a company’s allegedly fraudulent efforts to raise capital from outside investors can avoid sanction as an unfair or deceptive trade practice because the conduct is not...more

To Thine Own Documents Be True

When a motion for reconsideration hearing features a plaintiff’s accusation that the court made arguments for the other side, the effort to flip a prior ruling – already a tough get – has gone a bit off the rails. In Bayport...more

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