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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This case is a consolidation of five actions brought by students of Defendant Charlotte School of Law (“CSL”) before it closed.  When this opinion was published on February 14, 2018, eighty-four cases had been assigned to the North Carolina Business Court, representing claims of 147 former CSL students. The Court accepted all uncontested facts to […]

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As alleged in Plaintiff’s Complaint, Plaintiff Aym Technologies, LLC (“Aym”) is a North Carolina limited-liability company (“LLC”) that provides software to several industries, including the Medicaid developmental-disability (“I/DD”) industry. Defendant Rodgers is a North Carolina resident that contracted with Aym to refer software customers to Aym and, eventually, to assist Aym in identifying potential purchasers […]

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When citing a case, each citation should include the full prior or subsequent history of the case, using one of the abbreviated phrases found in Bluebook table T8 to introduce the case citation for the prior or subsequent history.  The phrase should be written in italics, surrounded by two unitalicized commas: Barger v. McCoy Hillard […]

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Defendants seek default judgment in their favor on their counterclaims for (1) breach of contract, based on $28,388.20 that Defendant Brighthaven Ventures LLC (“BHV”) loaned to Plaintiff Islet Sciences, LLC (“Islet”) that Islet has failed to repay; (2) in the alternative, unjust enrichment based on the same loan as its first claim for relief; (3) […]

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The Court evaluated several motions under a Rule 12(b)(6) standard, assuming the facts alleged by the nonmovants to be true.  On May 8, 2016, JBC Acquisition, Inc. (“JBC”), a subsidiary of Ross Environmental Services, Inc. (“Ross”), and A&D Holdings, Inc. (“A&D”) entered into a stock-purchase agreement (the “SPA”) by which JBC agreed to purchase the […]

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Plaintiff Peter T. Loftin (“Loftin”) brought claims against several defendants in 2003, alleging that they were involved in creating and executing two tax schemes that were intended to offset taxes from approximately $30 million in capital gains that Loftin incurred due to the sale of his interest in a telecommunications company in 1997. 

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Summary: The plaintiff claims that he owns a membership interest in Judge’s Road Industrial Park, LLC (“Judge’s Road”), and the defendants, the two other shareholders of Judge’s Road, contend that the plaintiff’s membership interest in Judge’s Road was extinguished when he failed to meet certain capital calls.  Op. ¶ 1.  The plaintiff seeks, inter alia, […]

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