Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more
2/14/2025
/ Breach of Contract ,
Breach of Duty ,
Business Entities ,
Business Litigation ,
Confidentiality Policies ,
Corporate Governance ,
Corporate Misconduct ,
Data Privacy ,
Discovery ,
Employment Litigation ,
Fraud ,
Limited Liability Company (LLC) ,
Litigation Strategies
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse. Back in January, in North Carolina ex rel. Stein v. EIDP, Inc., the State raised a discovery dispute regarding...more
When discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt the sanctions sure to follow will be...more
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile and try again. But first, the...more
A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins v....more
As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court transaction autopsy. There was a missed...more
5/12/2022
/ As-Is Clauses ,
Attorney's Fees ,
Auction ,
Breach of Contract ,
Business Court ,
Commercial Real Estate Contracts ,
Discovery ,
Inspections ,
Liquidated Damages ,
Pre-Closing Issues ,
Property ,
Property Access
At Least Make Sure You’re Still in the Water if you Must Try It-
Sometimes, when discovery in a commercial case has been a mess, a party that imposes unusual roadblocks upon an adversary can successfully shield from the...more
When a motion for reconsideration hearing features a plaintiff’s accusation that the court made arguments for the other side, the effort to flip a prior ruling – already a tough get – has gone a bit off the rails. In Bayport...more
Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with reasonable diligence,...more
Be careful what you wish for, lest it come true.
– drawn from The Old Man and Death, Aesop-
In Brewer v. Grue, 2020 NCBC 59, Judge Conrad offers a helpful update to convert that traditional morality tale to the rough...more
Business Court Turfs a Long-Running Document Production Dispute-
In a dispute among the members of a dissolved soccer gear company, the Business Court flashed a “red card” on litigants who professed full compliance with...more