Posts tagged with: "litigation"
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27 Jul 2012, 11:31 am by admin
Premises liability is the area of law that permits recovery of money damages when one is injured by an unsafe condition on another person’s property. An interesting aspect of premises liability law is the “attractive nuisance doctrine.” This principle holds that a property owner can be held liable for an injury to trespassing child if [...] [read post]
21 Dec 2011, 4:43 am by Peter Bert
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]
6 Aug 2013, 11:09 pm by admin
Business owners in North Carolina generally have some awareness of the importance in observing corporate formalities in order to avoid being subjected to individual liability for any debts or liabilities of the company.  A failure to exercise corporate formalities or to keep the business separate can subject the owner of the business to a “piercing [...] [read post]
31 May 2012, 5:07 am by admin
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]
29 May 2012, 7:46 am by admin
Except for a few varieties of agreements subject to North Carolina’s “statute of frauds,” most other agreements may become written or oral contracts. Both types are recognized by North Carolina law; you do not necessarily need a written document recording your agreement in order to bring a civil lawsuit for breach of contract. If the [...] [read post]
11 May 2012, 1:31 pm by admin
The majority of people who are forced to consider filing a lawsuit have been severely financially damaged by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, many North Carolina attorneys charge $250 or more. You may have another option. The [...] [read post]
11 Jun 2012, 12:41 pm by John Tarley
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]
10 Aug 2012, 5:41 am by Henry Sneath
Our friends at Thompson and Knight have provided the latest on the cost to businesses and society of Patent Troll litigation. The costs remain staggering.  We share their article with you and commend you to its reading. Thanks to author R. David Donoghue. See link below: Filed under: Intellectual Property Litigation, Patents Tagged: IP Economics, patent damages, patent litigation, Patent Trolls,… [read post]
3 Jun 2010, 5:57 am by Mark Toth
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]
19 Nov 2012, 8:05 am by admin
The False Claims Act (31 USC 3729, et seq) is an important federal law that creates civil liability for those that defraud the government.  A company or individual that submits a false claim for payment to the government can become subject to liability of up to three (3) times any actual damages.  Civil penalties of [...] [read post]
14 Jan 2013, 8:38 am by admin
For many automobile accident cases, the “anchor” of the damages is the plaintiff’s medical bills. That is, settlement is frequently based in large part upon the amount of the injured party’s medical bills. One of the first questions our attorneys field from our clients is often “how will my settlement or verdict be paid or [...] [read post]
30 Jul 2013, 6:25 am by admin
Recently, Federal Courts have determined that terminations following internal complaints regarding overtime or minimum wage, as long as the internal complaints were sufficiently clear and detailed, are protected under federal law.  The Complaints can be oral or in writing and do not have to be filed with a local Department of Labor or Wage and [...] [read post]
11 Mar 2014, 7:21 pm by Richard Hunt
Have you ever wondered just why certain kinds of ADA lawsuits recur so often, while others are rare? Or how a business owner can be proactive in avoiding ADA and FHA Litigation? On Thursday, March 13, at 1:00 Eastern Time I’ll be presenting a webinar for the TASA Group on “Understanding, Avoiding and Defending Accessibility Lawsuits.” You can register at [read post]
6 Jan 2010, 11:12 am by Brittaney Schmidt
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]
15 May 2012, 4:40 pm by admin
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, 10:03 am by admin
For many startup businesses, it can be impossible to obtain credit without offering a personal guarantee of an owner or officer. If the business is not successful, and cannot pay its debts, this guarantee can come back to haunt the owner or officer. Most creditors’ attorneys will file suit on a breach of contract claim [...] [read post]
17 Jul 2012, 2:12 pm by admin
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]
19 Nov 2012, 11:03 am by admin
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]
10 Apr 2012, 10:38 am by admin
Each year, thousands of North Carolina businesses illegally fail to purchase Workers Compensation insurance and thereby place their employees at risk of catastrophic loss. The problem was discussed at length by the News and Observer in this April 1, 2012 article. Fortunately, under certain situations, the employee may have an additional right not discussed in [...] [read post]
31 Jul 2013, 11:43 am by admin
Employers often review IRS tax regulations to determine whether or not their workers should be classified as employees or independent contractors.  Case law under the Fair Labor Standards Act tends to reflect that a worker is more likely to be considered an employee for purposes of overtime and minimum wage analysis.  If you are a [...] [read post]