Blog: It’s Just Business

https://itsjustbusiness.foxrothschild.com/

Matt is a regular contributor to the firm’s North Carolina Business Court blog: It’s Just Business, which provides information and analysis on the latest Business Court decisions.

Recent Blog Posts

  • An “Introduction” in a Complaint: How Much Is Too Much? Business Court Considers “Extraordinary” 5-Page Introductory Narrative An “introduction” section in a complaint can set the stage for the case and the claims being asserted. It can forecast and outline the allegations in a way that makes the pleading more “reader-friendly.” And surely, kicking off with a compelling narrative engages the reader in a way that reciting the “parties and jurisdiction” never could. But what are the limits when crafting such an opening? In Buckley LLP v. Series 1 of Oxford... More
  • Once a Business Court Case, Always a Business Court Case Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed. We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what happens when the claim that establishes jurisdiction—the ‘jurisdictional hook,’ if you will—is dismissed? Can the case still proceed in the Business Court? That question was answered in Gallaher v. Ciszek, 2020 NCBC Order 7 (N.C. Super. Ct. Feb. 17, 2020). See Order. Take-Away: Once jurisdiction is established in the Business Court, the Court will... More
  • N.C. Business Court Brings Clarity to Issues of Arbitrability Arbitration is supposed to be a less formal, more efficient way of resolving a dispute. More and more, though, we see certain threshold issues—like whether a dispute is ‘arbitrable’ in the first place—undermine the benefits of this supposedly streamlined process. Any clarity from the courts when it comes to issues of arbitrability, therefore, is a good thing to practitioners (and their clients) in this increasingly litigated area. In Rickenbaugh v. Power Home Solar, LLC, 2019 NCBC 79 (N.C. Super. Ct. Dec.... More
  • Scrutinizing With Particularity N.C. Business Court Digs into Pleading Requirements in Tossing Three Misrepresentation-Based Claims A “failed deal” or contract often gives rise to claims for breach of contract, fraud, and/or negligent misrepresentation. Each claim presents its own path to relief. And that path is replete with obstacles, beginning with pleading requirements unique to each claim. Even a “simple” breach claim can become complex, particularly when tangled with other misrepresentation-based claims. For instance—if a party promises not to make false statements in a contract,... More
  • When the (International) Shoe Doesn’t Fit Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company In Curvature, Inc. v. Cantel Computer Servs. Ltd., 2019 NCBC 47 (N.C. Super. Ct. Aug. 13, 2019), the Business Court considered whether it could exercise personal jurisdiction over the England-based defendant based on a contract that was neither executed in nor performed in North Carolina. The wrinkle was that the contract contained provisions requiring the dispute to be arbitrated in North Carolina and governed... More
  • Can a Private Corporation Be Required to Produce Its “Public” Records? N.C. Business Court Considers When a  Private Company Can Be Deemed a State “Agency” for Purposes of the Public Records Act   In Southern Environmental Law Center v. Saylor et al., 2019 NCBC 59 (N.C. Super. Ct. Sept. 11, 2019), the Business Court considered whether the defendant North Carolina Railroad Company (the “Railroad”) was a State “agency” for purposes of the Public Records Act, N.C. G.S. § 132-1 et seq. If so, then the Railroad was required to comply with the plaintiff Southern... More
  • When It’s Time for a Second Opinion N.C. Business Court Addresses the Scope of a Judicial Appraisal Proceeding In Reynolds American Inc. v. Third Motion Equities Master Fund Ltd. et al., 2019 NCBC 35 (N.C. Super. Ct. June 4, 2019), the Business Court considered the scope of a judicial appraisal proceeding under G.S. § 55-13-30. The defendants, who owned stock in the plaintiff company, dissented from a merger involving the plaintiff and sought to have their interest bought out at fair value. Navigating an issue of first impression,... More
  • When It Pays to Be Scrappy N.C. Business Court Grants (Partial) Victory to Scrap Metal ‘Manufacturers’ In N.C. Dep’t of Revenue v. Tri-State Scrap Metal, Inc. et al., 2019 NCBC 41 (N.C. Super. Ct. July 8, 2019), the Business Court addressed whether the respondent “recyclers” qualified as “manufacturers” for purposes of the privilege tax under G.S. § 105-187.51 (now repealed). If so, the respondents were entitled to apply the lower (1%) privilege tax rate—as opposed to the generally applicable state and local tax rates—on certain business purchases.... More
  • The Battle of the Deductions N.C. Business Court Holds that (Federal) Dividends Received Deduction Must Offset (State) Net Economic Loss Tax Deduction In N.C. Dep’t of Revenue v. Graybar Elec. Co., Inc., 2019 NCBC 2 (N.C. Super. Ct. Jan. 9, 2019), the Business Court addressed the interplay between the federal dividends received deduction and the (now repealed) North Carolina net economic loss deduction. The issue, in particular, was whether the respondent corporation was required to reduce its North Carolina net economic loss deduction by the amount... More
  • It’s Just Business Analysis of N.C. Business Court Decisions (and other musings) Business decisions should guide your business decisions. That’s why we created our new blog—It’s Just Business.  Think of the blog as your prospectus on the decisions of the North Carolina Business Court and other key developments in business law.  We want the blog to be a “must read” for commercial litigators, business lawyers, and business leaders whose bottom line depends upon current and cogent information. In this space, Fox Rothschild attorneys will analyze the key decisions... More