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Discovery Business Court

Fox Rothschild LLP

Discovery Molehills, Mountains, and a Climbing Guide from the NC Business Court

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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

Fox Rothschild LLP

When Discovery Goes Off Track, can a Pro Se Party Right the Course?

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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

Fox Rothschild LLP

Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After...

Fox Rothschild LLP on

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

Fox Rothschild LLP

Silence as to Some Facts in a Complaint can be Golden

Fox Rothschild LLP on

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

Reveal

Disclosure Pilot Scheme (DPS): How Litigants Should Respond to the Latest Changes [Guide]

Reveal on

Legal systems around the world come in all shapes and sizes, but few can escape the global increase in the volume and sources of electronic data and the impact it has on eDiscovery. In the United Kingdom, increasing...more

Fox Rothschild LLP

New Amendments to the North Carolina Business Court Rules

Fox Rothschild LLP on

By Order dated June 15, 2022, the Supreme Court of North Carolina has approved amendments to the North Carolina Business Court Rules. Effective July 1, 2022, the Amended Rules will apply to all cases before the Business Court...more

Fox Rothschild LLP

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms

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As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court transaction autopsy. There was a missed...more

Fox Rothschild LLP

To Thine Own Documents Be True

Fox Rothschild LLP on

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

Fox Rothschild LLP

Discovery Holes Can Be Escaped, But First: Stop Digging

Fox Rothschild LLP on

Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with reasonable diligence,...more

Fox Rothschild LLP

A Discovery Tale As Old As Time: Seek What You Really Want, Or You May Never Find It

Fox Rothschild LLP on

Be careful what you wish for, lest it come true. – drawn from The Old Man and Death, Aesop- In Brewer v. Grue, 2020 NCBC 59, Judge Conrad offers a helpful update to convert that traditional morality tale to the rough...more

Brooks Pierce

The NC Business Court Deals With The Apex Doctrine (Again)

Brooks Pierce on

I know that you haven’t heard from me in a while. I’m sorry, and I feel guilty. ......I’m not ready to abdicate my position as the original NC Business Court blogger, so I’m back at it again. My reentry point is the...more

Kelley Drye & Warren LLP

New York Commercial Division Adopts Revised Model Preliminary Conference Order Form

We previously advised on a proposal by the Commercial Division Advisory’s Council to once again revise the Model Preliminary Conference Order form in order to align the model form with the numerous recent changes to...more

Brooks Pierce

Arbitration Provision Which Completely Prohibited Any Discovery Enforced By NC Business court.

Brooks Pierce on

I don't draft arbitration provisions in agreements, but if I did I would not draft one like the one in Taggart v. Physicians Pharmacy Alliance, Inc. Not because it turned out to be unenforceable, but because it was found to...more

Brooks Pierce

It Can Be A Tough Road For Trade Secrets Plaintiffs In The NC Business Court

Brooks Pierce on

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified...more

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