Tort/Negligence – Civil Conspiracy – Breach of Fiduciary Duty – Limited Partnership Member – Tavern Lease – Preliminary Injunction

GoRhinoGo, LLC v. Lewis (Lawyers Weekly No. 11-15-1045, 20 pp.) (John R. Jolly Jr., Ch.J.) N.C. Bus. Ct.

Holding: The plaintiff-limited partnership leases premises to operate its only asset: a tavern. Plaintiff has made a strong showing that one of its (now former) members conspired with its landlord to terminate its lease so the conspiring member could open his own bar at the same location. If the lease were terminated and transferred, plaintiff’s loss of profits and loss of good will would be difficult to prove.

The landlord is preliminarily enjoined from terminating plaintiff’s lease upon plaintiff’s posting of a $45,000 bond.