Impossible and Illegal Contracts

Today’s case also comes from the Court of Appeals. In Botts v. Tibbens, the court considered the circumstances under which an otherwise valid contract can be unenforceable because it is either impossible or illegal. Background Since it occurs to me that I have never really done a contracts case where I went back to basics, […]


Another Noncompete Case, With a Twist

Today’s post is about another noncompete agreement case, Horner International Co. v. McKoy. In many ways it is similar to last week’s case which I blogged about here so this post will be brief. See the earlier post for background on noncompete agreements generally. McKoy worked in the flavor materials manufacturing business. He ran a factory […]


Can the Bank Take Away Your Right to Vote?

Membership in an LLC gives you two basic rights: the right to receive a portion of the company’s profits and the right to vote on issues regarding the management of the company. Today’s case, called First Bank v. S&R Grandview, LLC, deals with the right of a bank to take over some control of the […]


Knowing What Your Company’s Name Is

The Court of Appeals just published a whole set of business law opinions today so I probably will be posting a lot this week. The first case is a little bit outside what I normally cover because it is more of a caution to other lawyers than to business owners. But nevertheless it is a […]


Is Your Rival’s Janitor in Competition With You?

North Carolina is an “at will” employment state. This means, in general, that the state looks unfavorably on contracts that restrict the right of either employers or employees to terminate the employment. Employees are free to leave at any time and employers are free to let them go. Generally, the obligations of the parties end […]