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 ...

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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 ...

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Soma Technology, Inc. v. Dalamagas (Lawyers Weekly No. 020-049-17, 28 pp.) (Louis Bledsoe III, J.) 2017 NCBC 42 Holding: Plaintiff’s declaratory judgment claim is premised on an ownership dispute between defendant Dalamagas and plaintiff’s shareholder, not plaintiff. Therefore, plaintiff lacks ...

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Kerry Bodenhameer Farms, LLC v. Nature’s Pearl Corp. (Lawyers Weekly No. 020-037-17, 23 pp.) (Adam Conrad, J.) 2017 NCBC 27 Holding: Even though defendants Jerry Smith and Le Bleu Corp. were not parties to plaintiff’s contract with defendant Nature’s Pearl ...

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Lau v. Constable (Lawyers Weekly No. 020-021-17, 21 pp.) (Michael Robinson, J.) 2017 NCBC 10 Holding: Plaintiffs allege that defendant Jennifer Constable knew her husband was misappropriating funds from the plaintiff-company; received such misappropriated funds; received the benefit of the ...

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Dishner v. Goneau (Lawyers Weekly No. 020-018-17, 16 pp.) (James Gale, C.J.) 2017 NCBC 7 Holding: Construed liberally, plaintiff’s complaint adequately asserts that plaintiff, individually, and defendant Goneau, individually, formed an oral partnership to share equally in the expenses and ...

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