Have you or your company ever been subpoenaed by someone and you wonder, “wait, why am I being dragged into their mess?” It seems unfair. Why should you have to take time out of your busy day to help someone else either pursue or defend their own lawsuit? Let’s face it, most people don’t want to be involved in litigation…
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Think You Can Represent Yourself in Business Court? Think Again.
While it is legally permissible to represent yourself in Business Court, it probably is not a good idea as one plaintiff learned the hard way. In a recent decision from the North Carolina Business Court, a plaintiff, James Gillespie, attempted to be a pro se litigant and wound up with his case dismissed and responsible for paying much of the…
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Playing By the (New) Rules in the North Carolina Business Court: Part 1
The North Carolina Business Court’s new Rules went into effect January 1, 2017 and apply to every civil action that is designated as a mandatory complex business case or assigned to a Business Court judge, regardless of whether it was filed prior to the Rules effective date. They are meant to supplement, rather than supplant,…
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Counterclaims: When to Designate a Case to the North Carolina Business Court
The North Carolina Business Court (“Business Court”) is a specialized forum designed to adjudicate cases involving complex and significant issues of corporate governance and commercial law. If a dispute involves one of the subject matters enumerated in North Carolina General Statute § 74-45.4, then the case shall be designated and assigned to the Business Court. …
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NC Business Court Rules Former President and CEO Required to Bring Derivative Suit
The North Carolina Business Court issued an order last month disqualifying the individual plaintiff’s counsel from also representing a company, Bolier & Co., LLC (“Bolier”). The individual plaintiff, Christian Plasman, ostensibly hired his lawyer on behalf of himself and Bolier despite being a minority member of the company and without authorization from its majority member.[1] Bolier’s Operating…
