Posts tagged with: "litigation"
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17 Apr 2012, 2:15 pm by admin
The North Carolina trial courts are separated into two divisions, District Court and Superior Court. Before filing any civil lawsuit, Plaintiff’s counsel must decide the better division in which to litigate his or her client’s case. State statutes provide that District Court is the proper division for matters where the damages are less than $10,000, [...] [read post]
13 Apr 2012, 9:25 am by admin
The question of whether a business’s workers are employees or independent contractors is a common issue for Wake County small businesses.  A worker’s employment status creates numerous potential litigation exposures including tax liability for employee withholding wages as well as civil suits under the Fair Labor Standards Act and/or the North Carolina Wage and Hour [...] [read post]
21 May 2012, 12:15 pm by admin
Within North Carolina there are two court systems – federal and state. North Carolina state courts are “courts of general jurisdiction” whereas the federal courts only have jurisdiction over certain kinds of disputes. Whether you are considering filing suit in federal court, or have received a summons to respond to a complaint, the federal litigation [...] [read post]
20 May 2013, 12:36 pm by admin
One reason corporate structures were created was to protect individual business owners and related entities from personal liability. Unfortunately, some parties  take advantage of the corporate structure by acting improperly or in breach of contract, believing there will be no personal recourse.  This creates problems for individuals victimized by these companies and, just as importantly, [...] [read post]
4 Nov 2011, 11:59 am by admin
North Carolina has traditionally limited recovery of attorney fees in business contracts to certain limited circumstances, even if the contract allowed for the recovery of attorney fees in the event of a dispute or litigation between the parties.  However, North Carolina has issued a new law which allows for the recovery of reasonable attorney fees [...] [read post]
1 Dec 2011, 8:20 am by admin
It should come as no surprise to North Carolina business owners that in a breach of contract dispute, a party can recover funds which are due and owing to the company under the contract.  There are, however, some additional damages which a party can recover in a contract lawsuit.  If you have a breach of [...] [read post]
3 Nov 2011, 11:57 am by admin
The North Carolina Rules of Civil Procedure require a defendant in a civil lawsuit to file an answer or other responsive pleading, such as a motion to dismiss, within thirty days after service of a complaint and summons. If the defendant does not timely respond, or otherwise contact plaintiff’s counsel, the plaintiff may move for [...] [read post]
17 Oct 2012, 4:45 am by John Tarley
Virginia's new codified Rules of Evidence became effective on July 1, 2012. In an article in Virginia Lawyers Weekly, five of the rules were highlighted. One rule is Rule 2:408, "Compromise and Offers to Compromise." This blog post will review that rule, and its possible implications for settlement discussions and mediation. [read post]
3 Oct 2012, 6:01 pm by John Tarley
Originally posted 2010-07-02 20:01:35. Republished by Blog Post Promoter  Construction litigation has become a time-consuming and expensive area of legal practice. Even in residential construction, attorney and expert fees, and other costs of the lawsuits can rise high into five figures. Unfortunately, in many instances, better planning and attorney review at the beginning may have [...] [read post]
19 Aug 2011, 8:20 am by admin
North Carolina employers often pay sales employees via commission only.  Alternatively, business owners may seek to advance funds to the employee until the employee starts accumulating commissions. Often, employers will refer to this as a draw or a loan.  Employees may think of this as their salary.  There are important legal issues stemming from that [...] [read post]
23 Jul 2012, 7:22 am by John Tarley
Originally posted 2011-02-28 11:57:21. Republished by Blog Post PromoterIn conversations with clients, it seems that people misuse the terms “mediation” and “arbitration” more than most other legal terms. Although I do not have any empirical data, my educated guess is that many businesses and construction contractors (who did not depend upon advice given by an [...] [read post]
23 Jul 2012, 7:21 am by Scott Foster
Many times, parties enter into informal loan agreements on a simple oral promise to “pay it back.” Similarly, others will enter into oral agreements to perform residential construction projects, or other types of projects. When things do not go as expected and the promises are of a value worth litigating over (or one of the parties to the promise thinks they are) things can go swiftly downhill. [read post]
2 Oct 2012, 2:56 pm by admin
North Carolina law provides a number of civil claims that entitle a plaintiff to sue a party that has acted wrongfully. Among the more common and understandable claims is conversion, which is essentially a civil claim for theft or stealing. The North Carolina Supreme Court in the recent case Variety Wholesalers, Inc. v. Salem Logistics [...] [read post]
26 Jun 2012, 5:01 am by John Tarley
Originally posted 2012-02-21 09:00:58. Republished by Blog Post PromoterWe know that in Virginia, the parties to a contract are bound to the terms of that contract. We also know that Virginia courts look to the terms of that contract to determine each party’s rights and obligations. But what is a “contract?” This blog post looks [...] [read post]
1 Aug 2012, 4:58 pm by John Tarley
Originally posted 2011-06-08 09:00:26. Republished by Blog Post PromoterIt’s a fundamental rule in Virginia that the Plaintiff (the person filing a lawsuit) can only recover the relief requested in the Complaint. In a recent unpublished decision, the Virginia Supreme Court reaffirmed the requirement that a party can only get relief if they ask for it. [...] [read post]
1 Aug 2012, 4:59 pm by John Tarley
Few real estate topics cause more disputes between owners than those involving activities at a common boundary. We have reviewed boundary line disputes involving trees that straddle property lines and fences that encroach upon boundary lines. A recent Portsmouth case highlights another issue relating to boundary lines. [read post]
6 Mar 2012, 12:01 pm by admin
Even passengers of large motor vehicles such as municipal buses can sustain serious personal injury. If you have been hurt as a result of a negligent bus driver or an operator of another automobile, contact the Raleigh bus accident attorneys of Maginnis Law. Our dedicated civil litigation lawyers will work to recover the full compensation [...] [read post]
5 Jun 2013, 1:42 pm by admin
North Carolina is an employment “at-will” state. Employment at will provides that employment can be terminated by either party at any time, for any reason, absent a contractual agreement.  If you are an employee or employer, it must be emphasized that there are multiple exceptions to this general rule. If you are an employee that [...] [read post]
17 Oct 2012, 4:45 am by John Tarley
The general rule in Virginia is that each side pays their own attorneys’ fees in litigation unless a) the parties have contracted to shift the cost of attorneys’ fees to the prevailing party; b) in the case of community associations, when the declaration provides for such a fee-shifting provision; or c) a statutory provision provides for fee shifting. When a fee-shifting provision exists, trial courts are required to award attorneys’ fees that are “reasonable and necessary.” Therefore, it… [read post]
24 Aug 2010, 5:31 am
Congratulations to attorney Tony Patterson for being selected by his peers to be included in the 2011 edition of The Best Lawyers in America in the specialty of personal injury litigation. Selection to this list is based on evaluations by other lawyers across the country. [read post]