Be careful with covenants not to compete when you buy or sell a business. That's the lesson from Amerigas Propane, LP v. Coffey , 2014 NCBC 4, decided this week by Judge Jolly.
The Plaintiff had Defendant Coffey, an employee of the company which...
To recover for statutory business conspiracy in Virginia, a plaintiff must show (1) concerted action between two or more people; (2) legal malice towards plaintiff's business; and (3) resulting damage to the plaintiff's business. Where the defendants...
by Rich Ehisen
The use of electronic cigarettes — battery powered devices that look like a traditional cigarette or cigar but which allow smokers to inhale flavored nicotine in a vapor form that uses no tobacco and produces no secondhand smoke...
Section 6-21.5 of the North Carolina General Statutes is the closest thing the State has to " loser pays ." It allows for the award of attorneys' fees to a prevailing party "if the court finds that there was a complete absence of a...
The First Amendment protects anonymous speech, including online reviews of products and services written by people using fake names. The right to anonymous speech, however, is not absolute. Defamatory speech , whether or not anonymous, is not entitled...
Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker . He rejected the evidentiary value of an expert's report stating that Plaintiff's...
The flood of recent articles disclosing that the National Security Agency has engaged in a massive acquisition of information concerning the telephone communications of millions of Americans has shocked many. While sensationalizing this acquisition...
In a recent bankruptcy case,
the secured creditors, to their horror, found that they erroneously allowed the
debtor to file a termination statement although the debtor still owed millions
of dollars on the associated transaction. A sympathetic court...
An insured's guilty plea to criminal charges relieved his
professional liability insurer of its duty under the policy to defend him
against related civil claims, according to a June 18, 2013 Order by Southern
District of Florida Judge Daniel Hurley...
In a recent ruling of the U.S. Supreme Court, Oxford Health
Plans LLC v. Sutter [ an enhanced version of this opinion is available to lexis.com
subscribers ], petitioner-defendant Oxford was forced to proceed with
class arbitration with respondent...
Cyber security and related privacy issues increasingly
dominate the headlines. And for good reason: according to statistics cited in a
Wall Street Journal article , cyber attacks --ranging from
malicious software to denial of service attacks...
by Robert N. Rapp and Matthew J. Kucharson
In a 5-4 decision rendered on
March 27, 2013, in Comcast Corp. v. Behrend , 2013 U.S. LEXIS 2544 [ an enhanced version of this opinion is available to lexis.com
subscribers ], the United States...
WASHINGTON, D.C. - (Mealey's) Soliciting clients for a
class action lawsuit is not a permissible attorney action covered by the
Driver's Privacy Protection Act's litigation exception, a split U.S. Supreme
Court ruled June 17 ( Edward F...
States and local governments with heavy concentrations of illegal immigrants
have long clamored for comprehensive federal immigration reform. But with such
reform on the doorstep, many of these states and localities are complaining...
An insurer that breached its duty to defend may not later
rely on policy exclusions to escape its duty to indemnify the insured for a
judgment against him, according to a June 11, 2013 decision from the New York
Court of Appeals. The Court of Appeals...
A secured party that perfects
its security interest without flaw at the outset can lose its perfected status
because of post-filing changes in the debtor's business structure. It is
incumbent upon secured parties to keep track of such changes and...
Let's say you are a corporate lawyer. You spend your
pitiful and lonely life surrounded by marked up papers and red pens, drafting
or revising agreements. You send your final versions out to your
clients to sign, with those annoying little "sign...
WASHINGTON, D.C. - (Mealey's) In a unanimous opinion, the
U.S. Supreme Court on June 10 affirmed that an arbitrator acted within his powers
under the Federal Arbitration Act (FAA) in determining that parties
affirmatively "agreed to authorize...
Last October's Superstorm Sandy was the costliest natural disaster in the
United States since Hurricane Katrina in 2005. But the $62 billion states in
the storm's path reported in losses last year may be a harbinger of the...
It's been nearly ten years since the North Carolina
Supreme Court decided a case involving the attorney-client privilege.
That case was In re Miller , 357 N.C. 316, 584 S.E.2d 772 (2003) [ an enhanced version of this opinion is available to lexis...
Parties conduct electronic discovery often by using
search terms or keywords to locate relevant information during litigation. With
the advent of electronic discovery, courts must now answer the question of
whether the search terms used in performing...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 3 granted a petition for writ of certiorari in the appeal of a
Seventh Circuit U.S. Court of Appeals decision to overturn denial of class
certification in a suit over mold growth in certain...
The Fourth Circuit doesn't get into matters of LLC law
very often, but it did last week in Painter's
Mill Grille, LLC v. Brown [ an enhanced version of this opinion is available to lexis.com
subscribers ]. The LLC and its members were suing...
The Fourth Circuit clarified last week that after a case
is filed in state court, a defendant desiring a federal forum should seek
removal rather than file a separate declaratory judgment action in its federal
district court of choice. In VRCompliance...
The issue in Johnson v.
American United Life Insurance Co. [ an enhanced version of this opinion is available to lexis.com
subscribers ], decided last week by the Fourth Circuit. was whether
the Plaintiff's husband's death from a car wreck...