North Carolina Lawyers Weekly

A qualified shareholder of the defendant-country club seeks to inspect corporate records to investigate whether a proposed renovation project is in the country club’s best interest, whether the board’s approval of the project complies with the country club’s bylaws, whether ...

Defendant Greater Greensboro Entertainment Group, LLC’s (GGEG’s) operating agreement requires a majority in interest of GGEG to agree on any expenditure exceeding $10,000, such as the contingency fee agreement the plaintiff-law firm seeks to enforce. After this court’s denial of ...

When the uninsured plaintiff was admitted to the defendant-hospital for an emergency appendectomy, he signed a contract agreeing to pay all charges “in accordance with the regular rates and terms” used by the hospital. Although the hospital has mooted the ...

Although plaintiff alleges that its former employee accessed its network rather than its computers, the computer network at issue provides access to plaintiff’s server. “Server” is not defined in our computer trespass act, but standard non-legal dictionaries define “server” as ...

After a data breach at Arby’s, the plaintiff-bank—which serves as intermediary between merchant Arby’s and payment card networks Visa and Mastercard—paid assessments to Visa and Mastercard and then sought reimbursement from Arby’s. The bank reads some provisions of the parties’ ...

Defendant-merchant Arby’s, a Georgia corporation, brings third-party claims against payment-card networks Visa (a California corporation) and Mastercard (a New York corporation). The claims arise out of contracts between Visa and Mastercard on one side and the plaintiff-bank on the other. ...

Plaintiff seeks relief from judgment under N.C. R. Civ. P. 60(b)(3), arguing that defendant Sisson committed a fraud upon the court. North Carolina’s courts have not identified the burden of proof that applies to allegations of fraud under Rule 60(b)(3). ...

  During ultimately unsuccessful negotiations for defendant Bryant to buy the plaintiff-nonemergency ambulance service company, Bryant had access to plaintiff’s trade secrets. Although plaintiff alleges that Bryant thereafter used plaintiff’s trade secrets to obtain the exclusive contract to provide nonemergency ...

Petitioner is a Wisconsin company engaged in the business of the commercial printing of books, magazines, catalogs, and items for direct mail (“printed materials”) to customers throughout the United States. Since title and possession of the printed materials occurred when ...

A covenant not to compete is overly broad because it prohibits the defendant-former employees of plaintiff from even purchasing solar and roofing products from a competitor in the areas defined by the employment agreement. A non-solicitation provision is overly broad ...