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You Need All Your Ducks In A Row To Prove Default Under A Security Agreement

The Plaintiff in Kreich, Inc. v. Tarheel Publishing Co . thought he had all of his ducks in a row for summary judgment and a preliminary injunction. But he didn't. Defendant was in serious default under promissory notes given in connection with its acquisition of the Plaintiff's interest in...

Getting A Covenant Not To Compete Case Into The Business Court

Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive covenant . . . [will not] give rise to a mandatory...

Class Action Defendant Waived Right To Compel Arbitration After Class Action Certification

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another opinion in the case ( 2012 NCBC 55 ) that KB Home...