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Mancinelli v. Momentum Research, Inc.

North Carolina Business Court
2012 North Carolina Business Court 28 (2012)

Written by Tom Syverson, JD

Facts

Karen Mancinelli (plaintiff) claimed she left her employment with a Duke University clinical-research group to help form and work for Momentum Research, Inc. (defendant) because Dr. Gad Cotter orally promised her 15 percent ownership of Momentum. Cotter allegedly made that promise in North Carolina before Momentum incorporated in Delaware. Mancinelli claimed she signed a written shareholder agreement issuing her 15 percent of Momentum’s stock a few months later and returned it to vice president Philip Lemons, but Mancinelli could not produce a copy. Momentum disputed a written agreement existed, but Cotter and Lemons had sent Mancinelli emails confirming she owned a 15 percent interest. The parties disputed whether North Carolina or Delaware law applied.

Rule of Law

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Issue

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Holding and Reasoning (Jolly, J.)

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