North Carolina Lawyers Weekly

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 ...

Where plaintiff’s evidence failed to discern what percentage of defendant’s cost-savings was attributable to strategies presented by plaintiff, plaintiff’s breach of contract claim failed for a lack of suitable proof of damages. We grant defendant’s motion for summary judgment as ...

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 ...

Presence of technology consultant in conversations with patent counsel waived attorney-client privilege where consultant was not the functional equivalent of an employee, was not indispensable to facilitate conversations with counsel, and was not also represented in common interest by counsel. ...

  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 ...

In N. Carolina Elec. Membership Corp. v. Duke Power Co., 95 N.C. App. 123, 381 S.E.2d 896 (1989), we held that an order compelling arbitration under the North Carolina Revised Uniform Arbitration Act did not affect a substantial right and ...

Where the trial court had entered an order to show cause, it was the defendant-father’s burden to show why he should not be held in contempt for failing to pay child support. Nevertheless, since the mother has provided us with ...

Even though the plaintiff-father raised the issue of the child’s health prior to the trial court’s entry of its 2013/14 custody orders, those orders (handwritten in 2013 and typed in 2014) did not address whether the child would undergo a ...

Even though the property description in the parties’ deed of trust does not contain a reference to the book and page number of the subdivision’s map in the Brunswick County Map Book, the description’s references to the property’s physical address ...