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Posts about joel young written by Mike Masnick

In a recent decision from the Middle District of North Carolina, a federal district court found a plaintiff in a Fair Credit Reporting Act FCRA case to have Article III standing to bring his claims in federal court, relying on the Supreme Court’s ruling in Ramirez last year.

In a recent decision from the Middle District of North Carolina, a federal district court found a plaintiff in a Fair Credit Reporting Act FCRA case to have Article III standing to bring his claims in federal court, relying on the Supreme Court’s ruling in Ramirez last year.

To rescind an unfavorable agreement based upon duress, a party must show factors other than the opposing party’s mere threat to breach an agreement. Absent such outside factors, the Business Court held, a shareholder was not entitled to rescind the the shareholder agreement.

An entity created for a special purpose does not mean piercing the entity’s corporate veil is appropriate. A plaintiff must assert factual allegations showing the SPV is an instrument and/or alter ego of another. Loray Master Tenant v. Foss N.C. Mill Credit 2014 Fund I

An entity created for a special purpose does not mean piercing the entity’s corporate veil is appropriate. A plaintiff must assert factual allegations showing the SPV is an instrument and/or alter ego of another. Loray Master Tenant v. Foss N.C. Mill Credit 2014 Fund I

Where a business had properly come into possession of certain personal property, no claim for conversion could exist unless a demand for the property’s return was refused. Morris International, Inc. v. Packer, 2021 NCBC 66A J. Davis.

Thursday, February 4, 2021 Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.”  Fed. R. Civ. P. 26(a)(2)(B)(i).  If a party fails to disclose information required under Rule 26(a)(2), “the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the ...