It’s Just Business

Analysis of North Carolina Business Court Decisions (and other musings)

Latest from It’s Just Business

In Oliver v. Brown & Morrison, Ltd., 2022 NCBC 16, the Business Court weighed a challenge to an allegedly “sprawling, 247-paragraph Complaint, largely padded by needless detail” that defendants claimed violated Rule 8(a)’s requirement of a “short and plain statement of the claim” by instead providing something long and elaborate. Defendants claimed the complaint included “excessive and unnecessary information” that was “so egregious” that outright dismissal of the complaint was merited. Id. ¶¶ 84,…
At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges.  Fox Rothschild was there, and here is our recap of what we heard and learned.  As always, we strive to be accurate reporters, but this is not a verbatim recitation of what was said.  If you want that, however, my understanding is that the CLE will be available on-demand in…
Back at the start of the pandemic, this Blog took a brief look at how the anticipated flood of business interruption insurance claims might play out under North Carolina Law:  See here. These cases are now winding their way through the North Carolina court system (but not the NCBC).  Fox commercial litigator Greg Holland has detailed one of the first dispositive opinions on this issue: Over the last several months, business interruption claims have…
This afternoon, Chief Judge Bledsoe issued a second Order – 14 April 2020 NCBC Order – applicable to all Business Court Actions extending case management and other deadlines and procedures to match those in Chief Justice Beasley’s 13 April 2020 S.Ct. Order. In short, all case management deadlines for NCBC cases falling between 16 March 2020 and 1 June 2020 are extended to 1 June 2020, and anything else to be done before 1…
This afternoon North Carolina Business Court Chief Judge Bledsoe issued an Order confirming that the Order issued by Chief Justice Beasley last Thursday applies to cases in the North Carolina Business Court.   Judge Bledsoe’s Order contains comprehensive explanation as to what this means for current North Carolina Business Court cases and effectively suspends any and all deadlines in pending matters until at least April 17, 2020.  It also extends the deadline for hard copy filing…
In the current coronavirus pandemic environment, many businesses and their insurance carriers are (or soon will be) looking at the issue of claims for “business interruption.”  While there is not a large body of caselaw in North Carolina or the Fourth Circuit devoted to such claims, below are summaries of a few cases that address this type of coverage. In Prudential LMI Commercial v. Colleton Enterprises, Inc., 976 F.2d 727 (4th Cir. 1992), the Fourth…
Supreme Court of North Carolina Chief Justice Cheri Beasley issued an Order today under N.C.G.S. § 7A-39(b) that provides litigants and their attorneys some relief from deadlines for filings and other acts in light of the need to minimize travel to and entry into the state’s courthouses due to the coronavirus pandemic. The full text of the Order can be found HERE. The substance of the order is as follows: I order that all…