Brady v. Prince (Lawyers Weekly No. 15-15-0107, 23 pp.) (Gregory McGuire, J.) 2015 NCBC 2 Holding: Plaintiff Summit Holding Group, Inc. (SHG) was owned by defendants, neither of whom was a licensed veterinarian. Even if SHG was practicing veterinary medicine ...Read More »
Corporate — LLC – Derivative Action – Civil Practice – Standing – Declaratory Judgment Act – Real Property
Davis v. Davis (Lawyers Weekly No. 14-15-1104, 13 pp.) (Gregory McGuire, J.) 2014 NCBC 60 Holding: Two of three member-managers of an LLC have standing to bring a derivate action to seek a declaratory judgment as to whether their mother’s ...Read More »
Ekren v. K&E Real Estate Investments, LLC (Lawyers Weekly No. 14-15-1050, 14 pp.) (Louis Bledsoe III, J.) 2014 NCBC 56 Holding: Although defendant Konrady claims he was acting for the benefit of the defendant-LLC when he transferred its property to ...Read More »
Al Hamra Trading, Est. v. Diamondback Tactical, LLLP (Lawyers Weekly No. 14-04-0960, 30 pp.) (Martin Reidinger, J.) 1:12-cv-00373; W.D.N.C. Holding: All of defendant First Choice Armor and Equipment, Inc.’s assets were encumbered by liens, and First Choice’s creditor acquired those ...Read More »
Beam v. Beam Rest Home, Inc. (Lawyers Weekly No. 14-15-0917, 10 pp.) (Louis Bledsoe III, J.) 2014 NCBC 46 Holding: Plaintiff has received copies of all the corporate records he requested, and he has made no showing that those copies ...Read More »
BDM Investments v. Lenhil, Inc. (Lawyers Weekly No. 14-15-0714, 10 pp.) (James Gale, J.) 2014 NCBC 32 Holding: Even if the court assumes that defendant Burnett was the alter ego of defendant Viable Corp., plaintiff’s allegations – that Burnett knew ...Read More »
Corporate – Contract – LLC Operating Agreement – Asset Sale – ‘With’ Affiliates – Minority Member Approval
Schultheis v. Hatteras Capital Investment Management, LLC (Lawyers Weekly No. 14-15-0534, 12 pp.) (John Jolly Jr., Ch. J.) 2014 NCBC 23 Holding: When the defendant limited liability company’s operating agreement required the approval of non-managing members before the LLC could ...
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Corporate – Shareholder Derivative Suit – Pre-Suit Demand – Unexcused – Tort/Negligence – Duke-Progress Merger
Krieger v. Johnson (Lawyers Weekly No. 14-15-0396, 18 pp.) (John Jolly Jr., Ch.J.) 2014 NCBC 13 Holding: Under Delaware law, plaintiff’s failure to make a pre-suit demand before filing this shareholder derivative suit is not excused; plaintiff failed to raise ...
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