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State Courts -
North Carolina - February 23 - March 5, 2007
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Kornegay v. Aspen Asset Group, LLC, 04 CVS 22242,
NORTH CAROLINA SUPERIOR COURT, MECKLENBURG COUNTY, February 28, 2007, Decided
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Overview: When plaintiff offered no good reason for his delay in disclosing an expert under N.C. R. Civ. P. 26, the court declined to exclude the expert under N.C. R. Civ. P. 37, as doing so might lead plaintiff to dismiss and refile his already stale case. Instead, plaintiff was to pay deposition costs and attorney's fees and was limited in his discovery.
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Piedmont Venture Partners., L.P. v. Deloitte & Touche, L.P.P., 06 CVS 10418,
NORTH CAROLINA SUPERIOR COURT, MECKLENBURG COUNTY, March 5, 2007, Decided
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Overview: A limited partner purporting to have been chosen as liquidator of two limited partnerships solely to sue their former auditor was properly chosen, but he could not limit his responsibilities to pursuing such litigation, under N.C. Gen. Stat. §§ 59-803 to -804 (2006) and Del. Code Ann. tit. 6, §§ 17-803 to -804 (2006), so a receiver was appointed.
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Wachovia Capital Partners, LLC v. Frank Harvey Inv. Family L.P., 05 CVS 20568,
NORTH CAROLINA SUPERIOR COURT, MECKLENBURG COUNTY, March 5, 2007, Decided
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Overview: Most of a partnership's counterclaims against investors, officers, a holding company, and a representative were dismissed because the decisions of the holding company's management committee were entitled to the protection of the business judgment rule. However, the partnership adequately pleaded a conversion counterclaim against the company.
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