Calvin E. Murphy

How Judge Murphy rules, drawn from 19 signed orders. Every observation links to the order it came from.

Judge Murphy no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
North Carolina Business Court
Position
State court judge
Status
Left this court 2014
Served
2007–2014
Appointed by
Mike Easley (Democratic)
Commissioned
January 1, 2007
Education
Davidson College (B.A., 1970); North Carolina Central University School of Law (J.D., 1977)
Signed orders read
19

About Judge Murphy

Calvin E. Murphy served on the North Carolina Business Court from 2010 through 2014. He previously served as a Mecklenburg County judge and practiced criminal defense. He earned his undergraduate degree at Davidson College and his law degree at North Carolina Central University.

How Judge Murphy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He distinguishes the independence of letter-of-credit contracts from separate tort liability; the doctrine protecting independent payment obligations does not automatically bar fraud or conversion theories.

“nothing in the Speedway opinions shields a defendant from purely tort-based claims like those alleged by Plaintiff.”

In Queen's Gap Community Association v. McNamee, he dismissed without prejudice after finding that the association had not obtained the board and membership approvals required to authorize its suit.

“Plaintiff does not have standing in this action to bring its claims against Defendants.”

Procedural preferences

In Yates Construction Co. v. Bostic, he found the plaintiff had standing to bring its claims but had not adequately pleaded aiding and abetting constructive fraud; he denied the Rule 12(b)(1) motions and partly granted the Rule 12(b)(6) motions.

“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1); GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”

A dispositive ruling can eliminate collateral discovery disputes; after granting summary judgment he treated both sides' protective-order motions as moot.

“rendering Plaintiff and Defendants’ Motions for Protective Order moot.”

Cautions

A forum-selection argument fails when the operative employment agreement neither contains nor effectively incorporates a mandatory clause.

“the Employment Agreement does not contain a choice of forum provision limiting the location where Plaintiff may bring this action.”

Direct and derivative fiduciary theories require careful separation; an owner may preserve a direct claim even when derivative claims and related contract theories are dismissed.

“DENIES Defendants’ Motion to Dismiss with respect to Plaintiff’s direct claims for Breach of Fiduciary Duty.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Green Gulf Group FZE v. National Holding, LLC
2014 NCBC 21 · 2014-05-28
Motions to dismiss (defendant) Granted

“the Court GRANTS Defendant’s Motion to Dismiss and hereby DISMISSES WITH PREJUDICE”

American Mechanical, Inc. v. Bostic
2014 NCBC 17 · 2014-05-12
Motions to dismiss (defendant Bostic) Granted

“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”

Yates Construction Co. v. Bostic
2014 NCBC 19 · 2014-05-12
Motions to dismiss (defendant Bostic) Granted

“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”

Phillips & Jordan, Inc. v. Bostic
2014 NCBC 18 · 2014-05-12
Motions to dismiss (defendant Bostic) Granted

“the Court GRANTS the Motion and dismisses Plaintiff’s claim for constructive fraud against Defendant Jeffrey L. Bostic with prejudice.”

Yates Construction Co., Inc. v. Bostic
2013 NCBC 3 · 2013-01-18
Motions to dismiss (defendants) Denied

“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1)”

Motions to dismiss (defendants) Granted in part

“GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”

Motion for more definite statement (defendant) Denied

“Defendant’s Motion for More Definite Statement is DENIED.”

American Mechanical, Inc. v. Bostic
2013 NCBC 4 · 2013-01-18
Motions to dismiss (defendants) Denied

“the Court DENIES Defendants’ Motions to Dismiss pursuant to Rule 12(b)(1)”

Motions to dismiss (defendants) Granted in part

“GRANTS in part and DENIES in part Defendants’ Motions to Dismiss pursuant to Rule 12(b)(6).”

Motion for more definite statement (defendant) Denied

“Defendant’s Motion for More Definite Statement is DENIED.”

Queen's Gap Community Association v. McNamee
2011 NCBC 36 · 2011-09-23
Motions to dismiss (defendants) Granted

“Defendants’ motion to dismiss for lack of subject matter jurisdiction is GRANTED”

Curtis v. Barnet
2011 NCBC 24 · 2011-07-22
Motions to dismiss (defendants) Granted

“The Court GRANTS Defendants’ Motion to Dismiss Plaintiff’s claims for Defendants’ breaches of fiduciary duty”

Speedway Motorsports International Ltd. v. Bronwen Energy Trading, Ltd.
2014 NCBC 5 · 2014-02-26
Motions to dismiss (defendant France) Denied

“the Court DENIES the Motion.”

Danius v. Sun TV Network Ltd.
2012 NCBC 17 · 2012-03-22
Motions to dismiss (NDTV) Granted

“all claims against NDTV in Plaintiffs’ Complaint are hereby DISMISSED with prejudice.”

Gottfried v. Covington
2014 NCBC 26 · 2014-06-25
Motions to dismiss (Expressions defendants) Granted

“the Court GRANTS Motions I and II”

Motions to dismiss (One Love defendants) Granted
Premier, Inc. v. Peterson
2012 NCBC 59 · 2012-12-07
Summary judgment (plaintiff) Granted

“The Court GRANTS Plaintiff’s Motion for Summary Judgment pursuant to Rule 56”

Motion for protective order (plaintiff) Moot / procedural

“rendering Plaintiff and Defendants’ Motions for Protective Order moot.”

Motion for protective order (defendants) Moot / procedural

A historical record

Judge Murphy 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.