John R. Jolly Jr.
How Judge Jolly rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Jolly no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Jolly
John R. Jolly Jr. served on the North Carolina Business Court from 2005 through 2014 and was its chief judge from 2011 to 2014. He continued to decide assigned matters after retiring from regular service. He earned his undergraduate and law degrees at the University of North Carolina at Chapel Hill.
How Judge Jolly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Prospect Marketing Group v. Chasnan, he found unspecified direct mail into North Carolina insufficient for general jurisdiction because the plaintiff had not established the timing or frequency of those contacts.
“Plaintiff has not established when these contacts occurred or with what frequency.”
In Apex Tool Group, LLC v. Ingersoll-Rand Co., he dismissed claims against individual employees without prejudice under forum selection clauses and stayed the related employer claims pending any arbitration to avoid inconsistent findings.
“this civil action is STAYED pending outcome of any arbitration proceedings between Plaintiff and the Individual Defendants.”
Procedural preferences
In RJM Plumbing, Inc. v. Superior Construction Corp., Jolly partially granted the plaintiff's summary-judgment motion on its claims for unpaid construction work, applying the Rule 56 standard to the record in that case.
“there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.”
In Bodie Island Beach Club Association v. Dixon, he treated a filing captioned as a summary judgment motion as a Rule 12(b)(6) motion because it sought dismissal for failure to state a claim.
“Because the relief requested is dismissal pursuant to Rule 12(b)(6), the court elects to treat the CROC Motion as a Rule 12 motion to dismiss and not a Rule 56 motion for summary judgment.”
Cautions
In Prospect Marketing Group, Inc. v. Chasnan, Inc., he dismissed for lack of personal jurisdiction because the plaintiff alleged only unspecified direct mail into North Carolina, with no dates or frequency, and neither party resided there.
“Plaintiff has not established when these contacts occurred or with what frequency.”
In SCA-Blue Ridge, LLC v. WakeMed, he dismissed part of a certificate-of-need challenge and a separate statutory claim while allowing the contract-related claims to proceed.
“The Motion is DENIED with regard to Claims Two, Three and Four.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion for Summary Judgment is DENIED.”
“Plaintiffs' Motion for Summary Judgment is GRANTED”
“The Berton Defendants' Motion for Judgment on the Pleadings is GRANTED”
“the Berton Defendants’ Protective Order Motion (as amended on July 31, 2013) is MOOT and therefore should be considered DENIED.”
“Plaintiffs' First and Second Motions to Compel are DENIED.”
“Plaintiffs' Motion to Amend Complaint is DENIED.”
“Plaintiffs’ Motion for Summary Judgment as to Defendant SRS North Carolina Property, LLC is GRANTED.”
“Defendants' Motion for Judgment on the Pleadings is DENIED.”
“Plaintiff's Motion for Partial Judgment on the Pleadings is DENIED.”
“The Motion to Dismiss Plaintiff’s Eleventh Cause of Action, filed by Defendant Bank of America, NA, on April 7, 2009, is GRANTED”
“Plaintiff’s Motion to Compel, filed on July 13, 2009, is DENIED”
“the Bank’s Motion for a Protective Order, filed on July 22, 2009, is GRANTED.”
“Defendants Jeanette Smith and Life Changing Behavioral Services, LLC are entitled to summary judgment in their favor”
“Defendant Carl Sutton's Motion to Dismiss pursuant to Rule 12(b)(1) is GRANTED”
“Defendant Carl Sutton's Motion for Costs is GRANTED”
“Defendants' Motion for Judgment on the Pleadings is GRANTED.”
“Defendants' Motion to Dismiss For Lack of Personal Jurisdiction is GRANTED.”
“BB&T's Motion to Dismiss Amended Complaints is GRANTED”
“Plaintiff's Motion for Summary Judgment is GRANTED as to its Second Claim”
“Plaintiff’s Motion for Summary Judgment is GRANTED.”
A historical record
Judge Jolly 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.