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Message: [QUOTE="TheOrangeBuddha, post: 438614, member: 157"] That the case is going to end up in Federal Court is not absolutely certain. I haven't seen the ACC bylaws/partnership agreement/contracts etc., but it isn't uncommon for companies to agree to jurisdiction within a contract to State courts, even out of state companies. Further, not sure the determination is whether the liqudated damages provision is punitive. I believe, if the partnership agreement/bylaws were properly followed and the provision was properly passed (I do not believe it was a requirement for unanimity) then whether it is punitive is moot. I would think there would need to be some bad conduct or fraud involved for the provision to be invalid. With all that said, I do not know North Carolina law all that well - as opposed to other jurisdictions. [/QUOTE]