Ben F. Tennille
How Judge Tennille rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Tennille no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Tennille
Ben F. Tennille was the founding judge of the North Carolina Business Court, serving from 1996 until 2011 and as chief judge from 2006. Before joining the bench, he practiced commercial and employment litigation and worked as in-house counsel at Burlington Industries. He earned both his undergraduate and law degrees at the University of North Carolina at Chapel Hill.
How Judge Tennille decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In JDH Capital LLC v. Flowers, he rejected a one-fact-per-interrogatory reading of North Carolina Rule 33 and granted a motion to compel answers to interrogatories whose subparts concerned related subjects.
“Plaintiff’s interpretation of the rules would severely limit interrogatories to one-event, one-fact questions. That interpretation is counter to the reason for using interrogatories.”
In Better Business Forms & Products v. Craver, Tennille held that the restrictive covenant asserted after an asset sale was invalid and unenforceable, and granted the defendants' motion to dismiss.
“The Court finds the restrictive covenant asserted here to be invalid and unenforceable.”
Procedural preferences
Expert designations must follow a reasonable inquiry and Rule 26 disclosure duties; unsupported 'possible expert' labels that force needless discovery can trigger mandatory sanctions.
“Sanctions under Rule 26(g) are mandatory and also justified under Rule 37.”
In representative litigation he expects both the named plaintiff and counsel to understand and actively discharge their fiduciary roles rather than lend or borrow a name for lawyer-driven litigation.
“Shareholders may not simply lend their name to a law firm to be used in litigation, nor may lawyers borrow the name and pursue litigation in the firm’s interest.”
Cautions
Contract drafters face the language they chose: in a licensing dispute he enforced the agreement and refused to rescue a party from the consequences of the negotiated bargain.
“The Court would be rewriting the contract.”
An online platform cannot rely on disclaimers alone where its business model materially contributes to unlawful pricing; he looked to operational conduct and predictable consequences.
“its actions speak louder than its words.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant Flowers’ Motion to Compel is hereby GRANTED.”
“Plaintiff’s Motion for Sanctions is hereby DENIED.”
“Defendant Flowers’ Motion for Sanctions is hereby DENIED.”
“Plaintiff’s Motion for Preliminary Injunction is GRANTED to the extent specified above.”
“Defendants’ Motions to Dismiss for lack of jurisdiction are DENIED”
“Defendants’ Motions to Dismiss Ronald Carter’s claims for lack of standing are GRANTED.”
“Defendants’ Motions to Strike paragraph 47 of the Complaint are DENIED.”
“Plaintiff’s Motion for Summary Judgment is GRANTED”
“Defendant Wachovia’s Petition for Award of Costs is granted.”
“Defendant Tuttle’s Motion for Summary Judgment on the issue of a joint venture is DENIED”
“Defendant Tuttle’s Motion for Summary Judgment on the issue of breach of contract is DENIED”
“Defendant Tuttle’s Motion for Summary Judgment on the issue of liquidated damages is GRANTED in part”
“Defendants’ Motion to Dismiss the Amended Complaint is DENIED.”
“Defendants William W. Bunch, III and Brown & Bunch, PLLC’s Motion for Summary Judgment is GRANTED.”
“Defendant Tuttle’s Motion for Sanctions is GRANTED.”
“Defendant Allen’s Motion for Summary Judgment is GRANTED”
“The Motion of Maryland and Pennsylvania Certification Entities for Summary Judgment is GRANTED.”
“The Settlors’ Motion for Summary Judgment is DENIED.”
“Defendants’ Motion to Dismiss Plaintiff’s claims for relief is GRANTED.”
A historical record
Judge Tennille no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.