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.

Court
North Carolina Business Court
Position
State court judge
Status
Left this court 2016
Served
2001–2016
Appointed by
Jim Hunt (Democratic)
Commissioned
January 23, 2001
Education
University of North Carolina at Chapel Hill (A.B., 1964); University of North Carolina School of Law (J.D., 1967)
Signed orders read
18

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.

Mitchell, Brewer, Richardson, Adams, Burge & Boughman, PLLC v. Brewer
2016 NCBC 18 · 2016-02-19
Summary judgment (defendants) Denied

“Defendants' Motion for Summary Judgment is DENIED.”

Summary judgment (plaintiffs) Granted

“Plaintiffs' Motion for Summary Judgment is GRANTED”

SilverDeer, LLC v. Berton
2014 NCBC 14 · 2014-05-07
Judgment on the pleadings (Berton defendants) Granted

“The Berton Defendants' Motion for Judgment on the Pleadings is GRANTED”

Motion for protective order (Berton defendants) Moot / procedural

“the Berton Defendants’ Protective Order Motion (as amended on July 31, 2013) is MOOT and therefore should be considered DENIED.”

Motions to compel (plaintiffs) Denied

“Plaintiffs' First and Second Motions to Compel are DENIED.”

Motions to compel (plaintiffs) Denied
Motion for leave to amend (plaintiffs) Denied

“Plaintiffs' Motion to Amend Complaint is DENIED.”

Bodie Island Beach Club Association, Inc. v. Dixon
2010 NCBC 13 · 2010-07-30
Summary judgment (plaintiffs) Granted

“Plaintiffs’ Motion for Summary Judgment as to Defendant SRS North Carolina Property, LLC is GRANTED.”

North Carolina Department of State Treasurer v. Bank of New York Mellon
2012 NCBC 54 · 2012-10-31
Judgment on the pleadings (defendants) Denied

“Defendants' Motion for Judgment on the Pleadings is DENIED.”

Judgment on the pleadings (plaintiff) Denied

“Plaintiff's Motion for Partial Judgment on the Pleadings is DENIED.”

Torres v. The Steel Network, Inc.
2009 NCBC 19 · 2009-07-27
Motions to dismiss (Bank of America) Granted

“The Motion to Dismiss Plaintiff’s Eleventh Cause of Action, filed by Defendant Bank of America, NA, on April 7, 2009, is GRANTED”

Motions to compel (plaintiff) Denied

“Plaintiff’s Motion to Compel, filed on July 13, 2009, is DENIED”

Motion for protective order (bank) Granted

“the Bank’s Motion for a Protective Order, filed on July 22, 2009, is GRANTED.”

Associated Behavioral Services, Inc. v. Smith
2011 NCBC 22 · 2011-07-08
Summary judgment (defendants) Granted

“Defendants Jeanette Smith and Life Changing Behavioral Services, LLC are entitled to summary judgment in their favor”

Sutton v. Sutton
2011 NCBC 43 · 2011-11-28
Motions to dismiss (defendant) Granted

“Defendant Carl Sutton's Motion to Dismiss pursuant to Rule 12(b)(1) is GRANTED”

Motion for costs and attorney fees (defendant) Granted

“Defendant Carl Sutton's Motion for Costs is GRANTED”

Schultheis v. Hatteras Capital Investment Management, LLC
2014 NCBC 23 · 2014-06-09
Judgment on the pleadings (defendants) Granted

“Defendants' Motion for Judgment on the Pleadings is GRANTED.”

Prospect Marketing Group, Inc. v. Chasnan, Inc.
2013 NCBC 47 · 2013-10-10
Motions to dismiss (defendants) Granted

“Defendants' Motion to Dismiss For Lack of Personal Jurisdiction is GRANTED.”

Anderson v. Coastal Communities at Ocean Ridge Plantation, Inc.
2011 NCBC 14 · 2011-06-03
Motions to dismiss (BB&T) Granted

“BB&T's Motion to Dismiss Amended Complaints is GRANTED”

RJM Plumbing, Inc. v. Superior Construction Corp.
2011 NCBC 18 · 2011-06-21
Summary judgment (plaintiff) Granted in part

“Plaintiff's Motion for Summary Judgment is GRANTED as to its Second Claim”

Marosi v. M.F. Harris Research, Inc.
2010 NCBC 1A · 2010-02-03
Summary judgment (plaintiff) Granted

“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.