The shareholder agreement for four physicians’ cardiology practice set out a method for valuing shares if a shareholder decided to leave the practice. When plaintiff decided to leave the practice, the remaining three shareholders followed that valuation method, and plaintiff’s ...

Tagged with: Corporate

Although the Delaware charter of defendant Cycle Labs, Inc., gives a North Carolina company (defendant Cycle Holdings, Inc.) the voting power to elect a majority of Cycle Labs’ directors (i.e., three of the five directors), a voting agreement between Cycle ...

Tagged with: Corporate

Plaintiff – a former employee and minority owner of defendant CPP International, LLC – alleges that she was fraudulently induced to give up her membership interest in CPP shortly before it was sold for millions of dollars, much of which ...

Tagged with: Corporate

In a dispute arising out of a contract to transfer and develop real property, the complaint alleges that plaintiff Clue Property Development, LLC, is the successor in interest to Cue Property Development, LLC. Although defendants argue the complaint does not ...

Tagged with: Corporate

The defendant-bank foreclosed on a landlocked lot accessible only via an easement over plaintiff’s property. When plaintiff tried to serve defendant with process in this declaratory judgment action, plaintiff directed process to the address that appeared in the foreclosure action; ...

Tagged with: Corporate

Where (1) the moving defendants have no physical presence in North Carolina; (2) their connection to North Carolina and Charlotte School of Law (CSL) is limited to their membership in a Delaware limited liability company that is an additional two ...

Tagged with: Corporate

Barclift v. Martin (Lawyers Weekly No. 020-008-18, 6 pp.) (James Gale, C.J.) 2018 NCBC 5 Holding: The complaint raises a material dispute involving the law governing corporations, so defendants had a unilateral right to designate the action as a mandatory ...

Tagged with: Corporate

Fogartie v. Edrington (Lawyers Weekly No. 020-106-17, 24 pp.) (Gregory McGuire, J.) 2017 NCBC 104 Holding: Although three of five surgeons, who currently own a practice together, are planning to go to work for Duke University Health System, Inc., and ...

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Ke v. Zhou (Lawyers Weekly No. 011-356-17, 11 pp.) (Chris Dillon, J.) Appealed from Guilford County Superior Court (Richard Gottlieb, J.) N.C. App. Holding: Although a corporate officer may make an appearance for a corporation in order to require that ...

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Local Social, Inc. v. Stallings (Lawyers Weekly No. 020-096-17, 40 pp.) (Michael Robinson, J.) 2017 NCBC 92 Holding: The plaintiff-corporation’s bylaws require arbitration of any dispute that results in a deadlock. Construing this arbitration clause broadly, only defendant’s counterclaim regarding ...

Tagged with: Corporate