Preetha Suresh Rini of Robinson Bradshaw explains:
In recent years, defendants in data breach class action lawsuits filed in the state courts in North Carolina have succeeded in designating these disputes to the North Carolina Business Court. The Business Court has accepted data breach cases involving ransomware attacks, phishing email incidents and tracking technology cases. This post reviews these cases, as well as a recent decision where the Business Court rejected designation, to provide an overview of the Court’s approach to determining which cases will qualify.
To request designation as a “mandatory complex business case,” the defendant must file a notice with the state court within 30 days of service under Section 7A-45.4 of the North Carolina General Statutes. The notice must state that the case meets one (or more) statutory criteria, which provide for designation of cases that involve material issues relating to the law governing corporations, securities and antitrust matters, among others.[1]
Read more at JDSupra.
