Case law

Hopkins v. Mwr Mgmt. Co.

2017 NCBC 46 · North Carolina Business Court · May 31, 2017

Video surveillance clearly shows him grabbing a stack of papers off of the printer located in Walt Smith’s office. … To establish a claim for discriminatory termination under the ADA, Hopkins must prove “(1) that [he] has a disability, (2) that [he] is a ‘qualified individual’ for the employment in question, and (3) that [his] employer

Glob. Textile All., Inc. v. Tdi Worldwide, LLC

2018 NCBC 54 · North Carolina Business Court · Jun 5, 2018

The burden is on the party invoking jurisdiction to establish standing. Marriot v. Chatham Cty., 187 N.C. App. 491, 494, 654 S.E.2d 13, 16 (2007). … The doctrine of intra-corporate immunity is not applicable to these allegations. 51.

Marcoux v. Prim

2004 NCBC 5 · North Carolina Business Court · Apr 16, 2004

Thus, plaintiff claims that Muehlstein does not qualify as an independent director. … The Western National court established the plaintiff’s burden in proving that a director does not qualify as independent by stating: “To establish lack of independence, a plaintiff meets his burden by showing that the directors

Wilkie v. Stanley

2011 NCBC 11 · North Carolina Business Court · Apr 20, 2011

Stanley’s affidavit focuses on the partnership claim and stresses that Stanley has clearly withdrawn from any ongoing partnership relationship with Wilkie. … Pugh established a general rule that partners cannot seek an accounting while the partnership is in existence, but it also qualifies that general rule with numerous exceptions. See 193 N.C. at 260, 136 S.E. at 708−09.

Sykes v. Health Network Sols., Inc.

2017 NCBC 72 · North Carolina Business Court · Aug 18, 2017

Each appears well qualified to express an opinion on market definition, and the competency of neither expert has been challenged. 55. Dr. … The elements of a section 75-1.1 claim are well established.

Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.

2019 NCBC 53 · North Carolina Business Court · Aug 16, 2019

Attorney-Client Privilege and Work-Product Immunity 32. … As you can clearly see on the attached spreadsheet, [Plaintiff Jim Roland] has our exact rebate structure by item thanks to AMI.

Volvo Grp. N. Am., LLC v. Roberts Truck Ctr., Ltd.

2020 NCBC 28 · North Carolina Business Court · Apr 8, 2020

“If the parties agreed to define a term, and the [contract] contains a definition of a term used in it, this is the meaning which must be given to that term wherever it appears in the [contract], unless the context clearly … The Court concludes that there are fact disputes that must be resolved before establishing the 2017 Volvo sales quota against which Roberts’ performance must be measured.

Haddock v. Volunteers of Am., Inc.

2021 NCBC 49 · North Carolina Business Court · Aug 25, 2021

from discovery shall not constitute a waiver of, or an estoppel as to any claim of, such privilege, immunity, or protection.” … The Agreement is clearly titled as an Independent Contractor Agreement. (Agreement 1.) Beyond the title of the Agreement, the terms of the Agreement are clear.

Green v. Condra

2009 NCBC 21 · North Carolina Business Court · Aug 14, 2009

An exculpatory provision, however, cannot limit or eliminate liability with respect to (1) acts or omissions that the director at the time of such breach knew or believed were clearly in conflict with the … the evidence supports Plaintiffs’ contentions, Plaintiffs would be entitled to an instruction at trial on the law of conspiracy in order to associate together Miller and the other individual Defendants for the purpose of establishing

Home Depot U.S.A., Inc. v. N.C. Dep't of Revenue

2015 NCBC 100 · North Carolina Business Court · Nov 6, 2015

STANDARD OF REVIEW {15} The standard of review for this matter is established by the version of section 150B-51 of the Administrative Procedure Act that was in effect when the contested proceeding commenced on July … Under the various agreements between Petitioner and the third- party banks, the PLCC applications and agreements had to disclose clearly that the third-party bank was the owner and creditor on all PLCC accounts

Sunbelt Rentals, Inc. v. Head & Engquist Equipment, L.L.C.

2003 NCBC 4 · North Carolina Business Court · May 2, 2003

Clearly, Drennan knew that recruiting for his employer’s competitor was wrong. … qualified people to deliver it

Mechanical Sys. & Serv., Inc. v. Carolina Air Solutions, L.L.C.

2003 NCBC 9 · North Carolina Business Court · Dec 3, 2003

The Agreement clearly speaks to the purchase price and the restrictions. Under North Carolina law, plaintiff did not breach the contract. See Zinn, 87 N.C. App. at 333, 361 S.E.2d at 318. … Copeland and Gordon did not qualify as managers at Mechanical because they worked in line positions in sales and service departments.

Tomlin v. Dylan Mortgage, Inc.

2002 NCBC 1 · North Carolina Business Court · Feb 1, 2002

A. {9} The causes of action in the complaint in this action, as more clearly delineated in plaintiffs’ brief, establish claims common to the members of the class. … Here, plaintiffs clearly satisfy the typicality requirement.

Lenders Funding, LLC v. Waim Mgmt. Co., Inc.

2018 NCBC 67 · North Carolina Business Court · Jul 6, 2018

“A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … Likewise, corporate fiduciaries enjoy a qualified privilege “to interfere with contractual relations between the corporation and a third party,” again so long as the fiduciary is not acting unlawfully or in his own interest

Davis v. Hca Healthcare, Inc.

2022 NCBC 52 · North Carolina Business Court · Sep 19, 2022

Anticompetitive effects may  be shown directly by establishing an actual adverse effect on competition. Id. … In the marketplace for the purchase of hospital services, however, Medicare and Medicaid purchase hospital services, but they can only do so for the limited number of individuals that qualify for those programs

Kerry Bodenhamer Farms, LLC v. Nature's Pearl Corp.

2018 NCBC 136 · North Carolina Business Court · Dec 27, 2018

Second, the expert must be qualified through some combination of appropriate education and experience. See id. … Poling’s report clearly states the assumptions upon which he bases his opinion, including, for example, that KB Farms shipped the grapes under refrigeration. (See Poling Report at 8.)

Westpoint Stevens, Inc. v. Panda-Rosemary Corp.

1999 NCBC 11 · North Carolina Business Court · Dec 16, 1999

Bibb clearly had the power to sell the Rosemary Complex without Panda’s approval. … Panda required an acceptable thermal host to maintain its standing as a "qualifying facility" under PURPA.

Hefner v. Mission Hosp., Inc.

2014 NCBC 64 · North Carolina Business Court · Dec 8, 2014

Payment for charges billed may be held in abeyance as efforts to qualify for Medicaid continue, with billing adjusted upon qualification. … Thus, liability to the class is only able to be established after extensive investigation into the individual billing circumstances of each patient.

Maven Advantage, Inc. v. Square One Storm Restoration, LLC

2025 NCBC 14 · North Carolina Business Court · Mar 24, 2025

In so ruling, we stated that [d]espite use of the disjunctive “or,” the structure of the provision does not clearly establish that the drafter intended for the words in this modifying phrase to be used … The Court will not exercise  its discretion to blue pencil a provision that was not clearly drafted to be divisible. Cf. Bev.

Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.

2022 NCBC 72 · North Carolina Business Court · Nov 10, 2022

Duke Power Co., 291 N.C. 19, 35 (1976) (“Although not a privilege, the exception is a qualified immunity and extends to all materials prepared in anticipation of litigation or for trial by or for another party or by or … believed by a trier of fact, would establish the elements of some violation that was ongoing or about to be committed.