Case law

In Re Se. Eye Ctr. (Old Battleground v. Ccsea)

2019 NCBC 28 · North Carolina Business Court · May 7, 2019

Old Battleground financed this transaction, and in exchange MMRE executed a purchase-money note and deed of trust in favor of Investors Title Exchange Corp. as a qualified intermediary for Old Battleground. (Am. … The Court begins by examining whether the harm alleged on JDPW’s behalf occurred under circumstances that would have made that harm not readily apparent to JDPW, and thus whether JDPW qualifies for the one-year-from-discovery

Ennis-Flint, Inc. v. Greer

2019 NCBC 11 · North Carolina Business Court · Feb 4, 2019

The Court clearly noted the severity with which it accepted the admission, leaving open how it might utilize the various procedures available to it to redress the reported activities. … The burden is on the moving party to establish its right to a preliminary injunction, but the remedy "should not be lightly granted." GoRhinoGo, LLC v.

Wells Fargo Ins. Servs. USA, Inc. v. Link

2018 NCBC 40 · North Carolina Business Court · May 8, 2018

To establish that a non-solicitation of employees covenant is reasonable, an employer must establish that it has a protectable business interest in prohibiting solicitation of former employees, and such prohibition must … This “privilege [to interfere] is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

Klatmw, Inc. v. Elec. Sys. Prot., Inc.

2011 NCBC 12 · North Carolina Business Court · May 2, 2011

The right to recover on the warranty then requires “only on establishing that the warranty was breached.” Id. at 504, 533 N.E.2d at 1001. … Clearly, the Settlement Agreement contains provisions that make certain provisions of the agreement confidential.

Implus Footcare, LLC v. Vore

2025 NCBC 55 · North Carolina Business Court · Sep 11, 2025

Thus, “[t]o establish that a non-solicitation of employees covenant is reasonable, an employer must establish that it has a protectable business interest in prohibiting solicitation of former employees … However, “the privilege to interfere is conditional or qualified; that is, it is lost if exercised for a wrong purpose.

Sitelink Software, LLC v. Red Nova Labs, Inc.

2018 NCBC 87 · North Carolina Business Court · Aug 20, 2018

Once the movant has met that burden, the burden shifts to the nonmoving party to produce a forecast of evidence that demonstrates facts showing that it can establish a prima facie case at trial. … Software programs are clearly subject to copyright protection, Madison River, 351 F.

Aldridge v. Metro. Life Ins. Co.

2019 NCBC 49 · North Carolina Business Court · Aug 15, 2019

In 1999, Siskey assisted MetLife in forming and establishing Wall Street Capitol as MetLife’s branch office in Charlotte, North Carolina. (J. Aldridge Compl. ¶ 14.) … Our Supreme Court has held that to qualify as a special duty under Barger, the duty must be “personal to” Plaintiffs. Green v.

Kingsdown, Inc. v. Hinshaw

2016 NCBC 16 · North Carolina Business Court · Feb 17, 2016

shall be paid . . . only after a determination that the Director or Indemnified Officer . . . did not act in a manner, at the time the activities were taken, that was known or reasonably should have been known . . . to be clearly … Although someone cannot preface an otherwise defamatory statement with ‘in my opinion’ and claim immunity from liability, a pure expression of opinion is protected because it fails to assert actual fact.

Tillery Envtl. v. A&D Holdings, Inc.

2018 NCBC 12 · North Carolina Business Court · Feb 9, 2018

Buyer has clearly stated a claim for secondary liability against Weidenhammer under either subsection of 78A-56(c). … This language does not clearly indicate whether “reasonable detail” modifies “the basis of such Claim” alone or both requirements, i.e., “the basis of such Claim and the amount sought.” 152.

Ehmann v. Medflow, Inc.

2020 NCBC 30 · North Carolina Business Court · Apr 9, 2020

agreement, (Lewin Expert Decl. ¶ 33), that the “self-serving background” statement, security interest in Medflow’s assets, and thirty-six month post-termination Insurance Benefits coverage were all “highly unusual and clearly … To the contrary, the trial evidence reflected that Schiffli was highly qualified and experienced, and put in longer hours than he was obligated to during the period in which he was intended to work part-time as an independent

Reynolds Am. Inc. v. Third Motion Equities Master Fund Ltd.

2020 NCBC 35 · North Carolina Business Court · Apr 27, 2020

RAI was not immune to the industry-wide decline. Testimony from RAI’s Fragnito confirmed that RAI’s sales volumes have declined at rates approaching the rates of decline in the industry overall. … Tr. 223:11–18 (“I didn’t qualify for a penny, nothing.

FIRST UNION CORP. v. SUNTRUST BANKS, INC., 2001 NCBC 09 (Amended 08/10/01)

North Carolina Business Court · Aug 10, 2001

other committees requiring substantial time commitments and legal exposure,  potential directors must carefully weigh the decision to serve.19 If corporate value is to be enhanced, the courts must not discourage qualified … Clearly Wachovia knew what the SunTrust exchange ratio was likely to be, and it knew, without help from First Union’s counsel, what the effect of the multiplier would be.