Civil Practice – Voluntary Dismissal – Motion to Enforce Settlement
The trial court properly exercised its discretion in denying relief under Rule 60(b)(6) for a voluntary dismissal, but the court lacked jurisdiction to rule on the motion to enforce an […]
Civil Practice – Order to Enforce – Motion to Amend
Where Plaintiffs failed to timely appeal the Order to Enforce, we do not have jurisdiction to review that portion of Plaintiffs’ appeal. We do not have jurisdiction to hear Plaintiffs’ […]
Civil Practice – Limited Receiver – Modification of a Temporary Restraining Order
Defendants abandoned their argument asserting the trial court erred by modifying the TRO to extend beyond the MOU’s specified scope, where Defendants failed to cite appropriate authority to allow this […]
Civil Practice – Forum Selection Clause – Federal Arbitration Act
The arbitration forum-selection clause in this case is mandatory and not merely permissive. Therefore, the trial court erred in concluding the forum-selection clause was not enforceable. Consequently, the trial court […]
Civil Practice – Interlocutory Order – Motion to Present Additional Evidence
Petitioner failed to show the trial court’s order deprives Petitioner of a substantial right that would be lost absent an immediate appeal. This interlocutory appeal is therefore improperly before this […]
Civil Practice – Specific Jurisdiction – Attorney-Client Relationship
Purported contacts are too attenuated to form the basis of specific personal jurisdiction over Defendants. We granted Defendants’ Rule 12(b)(2) motion to dismiss all claims asserted against Defendants. This dismissal […]
Civil Practice – Appeal from an Interlocutory Order – Case within a Case
Defendant failed to show we have jurisdiction to hear this appeal from an interlocutory order. We dismissed the appeal. Defendants James M. Sack and The Sack Law Firm (collectively, Mr. […]
Civil Practice – Choice of Law – Bad Faith and Unfair and Deceptive Trade Practices
Plaintiff sufficiently alleged the existence of a close connection between North Carolina and the interests insured by “all-risk” Policies so as to warrant the application of North Carolina law based […]
Civil Practice – Standing – Traceability
Plaintiffs have standing to pursue their claims against their financial advisor’s companies. The Court denied the motion to dismiss. Plaintiffs claimed to have been defrauded by Defendant, their longtime financial […]
Civil Practice – Foreclosure – Timely Service of Process
The trial court committed reversible error by dismissing Respondent’s appeal. We reversed and remanded the trial order denying Respondent’s amended motion to set aside foreclosure, and we vacated the trial […]
Civil Practice – Long-Arm Statute – Severance Agreement
Defendants are subject to personal jurisdiction in North Carolina, and Plaintiff has sufficiently alleged that the Boathouse Defendants are parties to the Severance Agreement and Release (SAR). The Court denied […]
Civil Practice – Personal Jurisdiction – Unfair or Deceptive Trade Practices
ByteDance has extensive, purposeful contacts with North Carolina, as it markets the TikTok app throughout the State while cultivating ongoing relationships with a vast body of in-state users. The Court […]
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