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).