You'd Better Have A Real Expert If You're Making A Malpractice Claim In N.C. Business Court

The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels, Inc. v. Winston , 2010 NCBC 19 . Judge Tennille found Plaintiff's expert, a Duke Law School professor, to be incompetent to testify to the Defendant lawyer's alleged breach...

Mack Sperling Updates 6 Cases In North Carolina Business Court

Standing to Object to Subpoenas to Non-Party Banks In Deyton v. Estate of Kenneth C. Waters, Jr. , 2011 NCBC 34, Judge Gale ruled that a party to a lawsuit lacked standing to object to a subpoena sent by the opposing party to a non-party bank. The Judge observed that "as a general proposition...

North Carolina Appeals Court Rules In Law Firms' Fight Over Contingent Fees

There's invariably a fight between lawyers over the division of a fee when a lawyer who left the firm generates a fee at his new firm from a preexisting contingent fee relationship. There's at least one case of that type in the Business Court ( Mitchell, Brewer, Richards, Adams, Burge & Boughman...

5 Reasons To Care About North Carolina Business Court Rulings

The NC Court of Appeals said earlier this month in Browne v. Thompson [ enhanced version available to lexis.com subscribers ] that the decisions of the Business Court have "no precedential value." Being a big fan of the Business Court, that rankled me. And being the author of a blog which focuses...

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived

In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe v. Bell , 2012 NCBC 42 [ enhanced version available...