Posts tagged with: "litigation"
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17 Jul 2012, 2:12 pm
Consumers purchase life insurance policies to ensure that their families are financially cared for when they pass away. The life insurance policy is a contract whereby you pay your premium and, in exchange, the life insurer pays out the death benefit to your beneficiaries if you die during the policy period. In determining whether to [...] [read post]
31 May 2012, 5:07 am
For many litigants, obtaining a judgment in trial court proceedings is easier than the part that comes after – collecting. Forcing a judgment debtor to pay is no easy task, even when the sheriff is involved. First, you have to hope the judgment debtor has collectible assets. Second, you have to locate them. The Raleigh [...] [read post]
18 Apr 2013, 8:06 am
Choosing the right North Carolina business entity is an important step in starting or growing a company. Choosing one type of business entity over another can affect liability exposure, taxation rates, management choices, and financing opportunities. Oftentimes there is no clear choice and a detailed analysis of the goals and expectations of the business must [...] [read post]
19 Nov 2012, 11:03 am
Nearly all insurance policies contain a clause entitling the insurer to take an examination under oath (EUO) of the insured. In North Carolina, the provision is most commonly invoked in the context of homeowner’s insurance claims. For the vast majority of property damage and personal property claims, the insurer will pay for the loss based [...] [read post]
11 Jun 2012, 12:41 pm
Originally posted 2011-09-06 13:00:30. Republished by Blog Post Promoter With the downturn of the housing industry, we have seen a dramatic increase in the number of construction disputes, especially in residential construction. Owners are battling with the contractors, and subcontractors are trying to get paid by somebody. These cases lead inevitably to litigation. The [...] [read post]
28 Mar 2012, 1:01 pm
Commercial Creditors who are seeking to recover their own property or property that they have a security interest in often will have to spend valuable time and resources in attempting to collect the property or the money value from their commercial debtors. For retail debt collection, the process is even more difficult. North Carolina does [...] [read post]
22 Feb 2013, 10:07 am
Orrick’s Securities Litigation & Regulatory Enforcement Group is proud to release the 25th Anniversary Edition of The Orrick Guide to Securities Litigation.
Users can download this innovative legal research tool on an iPad, Kindle or other electronic reading device to assist them with questions about federal securities class actions, shareholder derivative suits, SEC enforcement actions and other complex business litigation. The Guide offers carefully selected case cites, thoughtful… [read post]
14 Aug 2012, 9:37 am
The North Carolina Retaliatory Employment Discrimination Act (“REDA”) prohibits an employer discriminating or retaliating against an employee because he or she files or threatens a workers’ compensation claim. While there are procedural steps that must be strictly adhered to, if the employee is able to prove his or her case before a jury, the damages [...] [read post]
3 Jan 2013, 2:39 pm
Slip and falls are among the more common varieties of personal injury cases. Although many of these accidents lead to relatively minor injuries such as sprained knees and ankles, others can cause serious problems including torn ligaments and herniated discs. The falls may be due to any number of defective conditions. Inadequate lighting is one [...] [read post]
3 Jun 2010, 5:57 am
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index.
Each quarter, we conduct a survey to see what’s really going on in the world of employment litigation. We asked the 1,857 attendees at our webinar last week the following question:
Are you seeing an increase in employment law claims?
Here are the official results (with last quarter’s results in parentheses):
Yes, substantial increase: 6% (6%)
Yes, modest increase: 31% (25%)
No change: 60% (66%)
No, modest… [read post]
6 Jan 2010, 11:12 am
by: Dr. Shelley Spiecker
“There was evidence that employees had notarized false documentation that was submitted to the Mississippi Oil and Gas Board. There was direct evidence presented by witnesses that records were not accurately kept. However, the confines of the seven jury instructions did not allow direct address of this issue.” (Female, 55 year-old)
This quote, spoken by a juror after serving in a two month oil and gas production trial, typifies feedback I am receiving from jurors in… [read post]
16 Jan 2013, 11:50 am
Although the American legal system generally requires that parties bear their own costs, including attorney fees, North Carolina does provide the ability for a court to include attorney fees as part of a judgment in certain situations. Some of these situations include construction contracts relating to contractor and subcontractor lien statutes, unfair and deceptive trade [...] [read post]
15 May 2012, 4:40 pm
In the construction industry it is fairly common to see subcontractors, general contractors, or builders shut their corporate entity down, only to emerge shortly thereafter as a new entity performing the exact same tasks, often from the same location, and with the same phone number. Joe’s Heating and Air becomes Joseph’s Heating and Air with [...] [read post]
18 Jul 2012, 5:00 am
Originally posted 2012-02-10 20:10:42. Republished by Blog Post PromoterWe have written extensively on the virtues of alternative dispute resolution, specifically mediation, to resolve disputes. Litigation is a time-consuming and expensive undertaking, and in the end, both sides are generally unhappy with the result because of the costs and time incurred. But although we encourage mediation generally, mediation [...] [read post]
21 Dec 2011, 4:43 am
In last week’s post on third-party litigation funding, I had been speculating about ERGO’s plans for its recently re-branded litigation funding business, Legial. Perhaps I was not the only one:
Today’s Handelsblatt – unfortunately only in the print version, page 36, not available online to non-subscribers – reports that ERGO has no plans to exit the business, as Allianz have done. Quite to the contrary: The paper quotes Legial’s Thomas Kohlmeier as saying that ERGO plans to triple the… [read post]
4 Sep 2012, 5:57 am
Originally posted 2011-04-13 17:44:17. Republished by Blog Post PromoterWe have written on the issues that arise when employees use their work computer for personal business. In that blog article, we referred to a California case in which an appellate court ruled that an employee’s emails to her attorney were not protected by the attorney-client privilege because the [...] [read post]
21 Jun 2012, 5:00 am
Originally posted 2011-01-20 08:30:43. Republished by Blog Post Promoter Well, we have written about protecting the attorney-client privilege and about safe emailing tips when emailing your attorney. Although we thought we had it pretty well covered, a recent decision from a California appellate has given us something more to think about. We read a number of [...] [read post]
North Carolina Third Party Employment Injury Lawyers | Workers Compensation Liens under NCGS 97-10.2
25 Mar 2013, 12:49 pm
When an employee is injured at work, he or she typically has a right to file a workers compensation claim with the North Carolina Industrial Commission. If, however, the injury was caused by the negligence of a third party, the employee may also file a lawsuit against that third party. If the employee receives a [...] [read post]
26 Jun 2012, 5:00 am
Originally posted 2011-02-07 13:54:56. Republished by Blog Post Promoter Clients sometimes come to us with disputes regarding real estate litigation matters involving boundary line and easement encroachments. We provide legal advice and counsel, trying to balance your real estate rights with neighborly harmony, always looking to avoid a lawsuit when possible. Easements provide a broad [...] [read post]
20 May 2013, 9:56 am
The standard automobile insurance policy in North Carolina contains many different kinds of insurance coverage. Among those are liability coverage and underinsured motorist (UIM) coverage. These insurance coverages provide different kinds of protection when someone is injured in an automobile accident. Liability coverage protects you in the event that you cause a collision injuring another [...] [read post]