North Carolina Lawyers Weekly

Oct 1, 2014

Civil Practice — Personal Jurisdiction – General – Corporate – North Carolina Contacts – Venue – Transfer

Estate of Thompson v. Mission Essential Personnel, LLC (Lawyers Weekly No. 14-03-0929, 10 pp.) (James Beaty, J.) 1:11-cv-00547; M.D.N.C. Holding: Where defendant received less than four percent of its 2006-2011 […]

Sep 11, 2014

Civil Practice – Personal Jurisdiction – Virginia Transaction – Virginia & Florida Defendants

Weisman v. Blue Mountain Organics Distribution, LLC (Lawyers Weekly No. 14-15-0873, 13 pp.) (James Gale, J.) 2014 NCBC 41 Holding: Plaintiff is a North Carolina resident whose former North Carolina […]

Sep 25, 2012

Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect.

Sep 24, 2012

Civil Practice – Personal Jurisdiction – Real Property – Promissory Note – General Jurisdiction – Prior Litigation

Synovus Bank v. Schaur Even though an N.C. state court found that it had personal jurisdiction over the Michigan defendant, that action was voluntarily dismissed without prejudice; therefore, the court’s finding does not have collateral estoppel effect. Moreover, the state court litigation involved the original promissory note between the parties whereas this action involves a renewal p[...]

Mar 28, 2012

Civil Practice – Personal Jurisdiction – Indian TV Network – General Jurisdiction – Insufficient Contacts – Tort/Negligence – Defamation

Danius v. Sun TV Network Ltd. The court does not have general jurisdiction over an Indian television network that contracts with a satellite subscription service and an internet-based IPTV network, which in turn provide subscription services in the U.S.

Sep 1, 2011

Civil Practice – Personal Jurisdiction – General Jurisdiction – Labor & Employment – Covenants Not to Compete – New Employer

Esoterix Genetic Laboratories, LLC v. McKey An out-of-state employer does not subject itself to N.C. jurisdiction simply by hiring citizens of other states who were employed by an N.C. company and who had covenants not to compete with that N.C. company. However, the defendant-company, a California corporation, does have sufficient contacts with North Carolina to give N.C. courts general j[...]