NCBC


Plaintiff Pete Zagaroli (“Zagaroli”), the former owner of now-defunct Zagaroli Construction Co. Inc., alleges that he and Defendants James Clayton Neill (“Neill”), Rick Berry (“Berry”), and Neill Grading and Construction Co., Inc. (“Neill Grading”) formed a partnership with the intent of developing three historic mill properties in Catawba County, North Carolina: Hollar Hosiery Mill, Moretz […]

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Nominal Defendant Steel Tube, Inc. (“Steel Tube”) was founded by Plaintiff W. Avalon Potts (“Potts”) and Walter Lazenby (“Lazenby”), who both served as Steel Tube’s officers and directors until Lazenby resigned in early 2015. In January 2015, Defendant Leon L. Rives, II (“Rives”) and Lazenby executed an agreement whereby Lazenby would transfer a 50% interest […]

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Plaintiff First Citizens Bancshares, Inc. (“First Citizens”) has moved to enjoin a shareholder rights plan implemented by Defendant KS Bancorp, Inc. (“KS Bancorp”), a private corporation, arguing that KS Bancorp’s plan violates North Carolina law by discriminating against only certain shares of stock within a larger class of shares. KS Bancorp is a small, privately held, […]

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Plaintiff Pee Dee Electric Membership Corporation (“Pee Dee”) is the only party to make an appearance in this action, so for the purposes of entry of default and default judgment, the court has deemed that Defendants have admitted the allegations in Pee Dee’s complaint. In November 2012, Pee Dee purchased software licenses and support services for […]

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After Plaintiff Shelley Bandy (“Bandy”) filed her initial complaint against Defendants A Perfect Fit for You, Inc. (“Perfect Fit”), Margaret Gibson (“M. Gibson”), and Ronald Gibson (“R. Gibson”), the court appointed a receiver to manage Perfect Fit.  On December 8, 2016, the receiver filed a Motion for Clarification, requesting that the Court expand his authority […]

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Plaintiff John Moss (“Moss”) is the named plaintiff in a putative class-action arising out of a merger agreement entered on July 20, 2016, between Defendants Yadkin Financial Corporation (“Yadkin”) and F.N.B. Corporation (“FNB”), whereby FNB would purchase all of Yadkin’s outstanding stock.  Moss, a Yadkin shareholder at the time of the transaction, brought direct and […]

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Pursuant to the authority granted to him under N.C. Gen. Stat. § 7A-45.4(b)(1), Judge Conrad of the North Carolina Business Court sat as an appellate court over a summary-judgment decision rendered in favor of Defendant First Petroleum Services, Inc. (“First Petroleum”) by an Administrative Law Judge (“ALJ”) of the Office of Administrative Hearings (“OAH”). The OAH […]

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Plaintiff Window Gang Ventures, Corp. (“Window Gang”) operates or franchises commercial facilities-cleaning outlets in twenty states.  Defendant Gabriel Salinas (“Salinas”) entered into a franchise agreement (the “Franchise Agreement”) with Window Gang in 1997, giving him the exclusive right to operate a Window Gang franchise in Wilmington, North Carolina, and the surrounding counties.  Among other things, […]

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This case is a consolidation of several actions, the allegations of which can be found in earlier opinions by the North Carolina Business Court.  Most of the claims in the various disputes have been settled and dismissed.  However, the current dispute is whether Micro-Miniature Bearing Co., Inc. (“MMB”), and Vincent Sabatino (“Sabatino”), through their respective […]

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Using a Rule 12(c) standard and assuming the facts in the Plaintiff’s complaint to be true, the Court construed the facts in Plaintiff’s favor. Zloop was an electronic-waste recycling business incorporated and run by Robert Boston (“Boston”) and Robert LaBarge (“LaBarge”).  Zloop had originally retained McGuire Woods LLP (“McGuireWoods”) as corporate counsel for a securities […]

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