A new law signed by Gov. Roy Cooper will make it easier for parties to a business contract to ensure that any disputes over the contract will be governed by North Carolina law. On July 18 Cooper signed Senate Bill ...

Tagged with: Choice of Law

Guzman v. Diamond Candles, LLC (Lawyers Weekly No. 003-018-16, 14 pp.) (Thomas Schroeder, J.) 1:15-cv-00422; M.D.N.C. Holding: In this putative class action, plaintiffs allege that defendant held an illegal lottery when, inside each candle sold on its website was a ...

Tagged with: Choice of Law

Associated Packaging, Inc. v. Jackson Paper Manufacturing Co. Under the N.C. Securities Act, a defendant can be held liable, not only for fraud, but also for negligence in the sale of securities.

Tagged with: Choice of Law first impression pleadings Tort/Negligence

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion to set aside the default judgment against him.

Tagged with: Choice of Law Civil Practice Contract Credit Card Agreement Forum-Selection Clause jurisdiction venue

Cook v. Lowe's Home Centers, Inc. After a Tennessee employee was injured on the job while he was in North Carolina, he and his Tenn. employer settled his workers' compensation claim in Tennessee. Although Tenn. law grants an employer full . . .

Tagged with: Choice of Law Guilford County Workers Compensation

Poole v. Bahamas Sales Assoc., LLC. (Lawyers Weekly No. 11-07-0016, 12 pp.) (John C. Martin, Ch.J.) Appealed from Mecklenburg County Superior Court. (Richard D. Boner, J.) N.C. App. Click here for the full text of the opinion. Holding: A purchaser ...

Tagged with: Choice of Law Mecklenburg County mortgage Real Property

Harco National Insurance Co. v. Grant Thornton LLP. Even though the underlying audit was performed in Pennsylvania, and even though plaintiff's headquarters are in Illinois, since plaintiff's first injury was a seizure of its assets in North Carolina, North Carolina was the place of injury. N.C. law applies in this negligent-accounting case. We reverse the Business Court's adoption of an "audit state test," but we affirm the denial of defendant's summary-judgment motion.

Tagged with: appeals Choice of Law Civil Practice first impression interlocutory Tort/Negligence Wake County