North Carolina Lawyers Weekly

A motion to enforce settlement was moot where plaintiffs complied with their obligation under the agreement to engage accountants to re-characterize disputed expenses between the parties. We grant plaintiffs’ motion to dismiss defendant’s action to enforce settlement between the parties. ...

  In the equitable distribution action between plaintiff and her ex-husband, Troy Slaughter, plaintiff asserted that she had lost her membership rights in defendant Winner Enterprises of Carolina Beach, LLC; however, the record does not establish that plaintiff succeeded in ...

  A franchisor could obtain discovery of the net worth of commonly-owned, non-party franchisee assets for determining the applicability of the Large Franchise Exception to the franchise disclosure document requirement, to the extent such documents and information were under a ...

Breach of contract counterclaims were not dismissed where defendants specifically alleged acts of misconduct by plaintiffs and cited the specific contract provisions that those acts breached. We grant in part and deny in part plaintiffs’ motion to dismiss defendants’ counterclaims. ...

The court declined to grant summary judgment in the parties’ dispute over their LLC to the extent that plaintiff could be deemed to have withdrawn from the LLC since there was a triable issue over whether defendant had waived triggering ...

Plaintiffs lacked standing to pursue derivative claims where they were not members of the nominal defendant LLCs and had failed to make pre-suit demand of each separate nominal defendant. We grant defendants’ motion to dismiss to the extent plaintiffs lacked ...

Plaintiff had sufficient pleaded claims arising from a closely-held corporation’s failure to pay dividends where the company had a practice of issuing dividends and the plaintiff alleged defendants’ conspiracy to withhold dividends to force plaintiff to redeem his shares. We ...

  Injunction demanding corporate advancement of defense fees and costs denied where certain claims arose from director/officer’s status as shareholder and where director/officer failed to show irreparable harm would arise from denial of injunctive relief. We deny plaintiff’s motion for ...

  Requests for production of documents in appraisal action were overbroad where they sought documents related to shareholders’ decision to oppose merger, their participation in prior appraisal litigation, and their investment strategy, all of which were irrelevant to the issue ...

When defendant Reynolds American, Inc., decided to acquire Lorillard, Inc., 42 percent of Reynolds’ stock was owned by defendant British American Tobacco PLC (BAT). Although this ownership stake and certain contractual rights gave BAT leverage in the terms of the ...