Defended Broyhill Furniture Industries, Inc. (Broyhill) in breach of contract claim arising from allegations that Broyhill refused to pay the plaintiff for heat provided to a warehouse used by Broyhill. The case involved novel issues of contract interpretation and damages theories. The court granted our motion for summary judgment and denied the plaintiff's motion to amend its complaint to allege extra-contractual theories of recovery, which resulted in a dismissal of all claims against our client. The Court of Appeals, in a 2-1 decision, affirmed summary judgement for Broyhill. The plaintiff appealed to the North Carolina Supreme Court, which issued a unanimous opinion adopting the COA’s majority decision and affirming summary judgment for Broyhill. Micro Capital Investors, Inc. v. Broyhill Furniture Indus., Inc., 728 S.E. 2d 376 (N.C. Ct. App. 2012), aff'd., 736 S.E.2d 172 (N.C. 2013).

Experience Center

Match our Experience to Your Needs

Experience Highlights

Early resolution of trademark infringement dispute
Defended Primo Water Corporation, a national supplier of water dispensers, against claims for trademark infringement, false designation, and unfair more
Headquarters relocation for Lenovo Group Ltd.
Represented Lenovo Group Ltd. in connection with securing of a new U.S. headquarters location, including negotiating a multimillion dollar incentives more
Special Committee of the Board of a textile company
Represented Special Committee of the Board of a textile company in connection with the acquisition of an affiliate of a company in exchange for $84 more
Acquisition by Zodiac Aerospace
Represented Zodiac Aerospace in its acquisition of C&D Aerospace, an aircraft interiors manufacturer with operations in the United States, more