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 on the Business Court, it caused me to question my reason for writing.
In the Browne opinion, which affirms an opinion from Judge Jolly [enhanced version available to lexis.com subscribers] granting a motion to dismiss the case, Judge Steelman of the COA dissed the Business Court at the same time he affirmed it. Judge Steelman was scoffing at the Plaintiffs' reliance on several Business Court decisions in support of their unsuccessful appeal. He said:
The remaining cases cited by plaintiffs are decisions of the North Carolina Business Court. The Business Court is a special Superior Court, the decisions of which have no precedential value in North Carolina.
That was a strong statement. NO precedential value? Really? Not even a little bit? So why should North Carolina lawyers care what the Business Court does (or why should they even bother reading this blog)?
Here are my top five reasons to disagree with Judge Steelman. . . .
Read this article in its entirety on North Carolina Business Litigation Report, a blog for lawyers focusing on issues of North Carolina business law and the day-to-day practice of business litigation in North Carolina courts.
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