Posts tagged with: "litigation"
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26 Jun 2012, 5:00 am by Susan Tarley
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]
15 Jan 2013, 2:28 pm by admin
Business clients often come to the firm seeking to enforce non-compete provisions or non-solicitation provisions located in employment contracts or employee handbooks.  However, many of our small business clients are unaware of the implications associated with an ex-employee bringing proprietary trade secrets to a competitor after leaving the company. Businesses who have hired an employee [...] [read post]
10 Aug 2013, 11:46 am by admin
According to North Carolina law, noncompetition agreements contained in an employment contract are “more closely scrutinized than” those contained in a contract for the sale of a business.  However, there is some question as to whether a franchise non-compete is similar to an employer-employee non-compete or a business acquisition non-compete.  Recently , the North Carolina [...] [read post]
21 Jun 2012, 5:00 am by John Tarley
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]
3 Jan 2013, 2:39 pm by admin
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]
30 Sep 2011, 3:52 pm
In a story by WTHR.com (news channel 13), Parr Richey Obremskey Frandsen & Patterson attorney Tony Patterson explains that his 17-year-old client who was seriously injured in the Sugarland stage collapse at the Indiana State Fair received a notice of a hospital lien being filed by her medical provider, St. Vincent Hospital-Indianapolis, for $178,000 less than 1 month after she received medical treatment at St. Vincent during a 12-day stay. St. Vincent Chief Financial Officer Marvin White… [read post]
25 Mar 2013, 12:49 pm by admin
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]
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]
20 May 2013, 9:56 am by admin
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]
2 Aug 2013, 6:28 am by admin
Certain types of employees, despite working overtime for their company, are deemed to be “exempt” and are not eligible for overtime benefits from their employer under the Fair Labor Standards Act. Any employee employed at a business in a bona fide executive, administrative, or professional capacity is exempt from overtime requirements. The “administrative” capacity is [...] [read post]
23 Aug 2012, 11:08 am by Peter Bert
 C5’s Forum on Global Financial Institutions Litigation is held at a time of a sharp increase in the number of claims against financial institutions, tighter regulation and more regulatory investigations against financial institutions (see the recent post on Germany’s growth rates).  My firm will be a co-sponsor of the conference held on Wednesday, November 28 and Thursday, November 29, 2012 at the Crowne Plaza Hotel, London, and together with some of my colleagues, I will be… [read post]
23 Aug 2011, 6:49 am
In Ka v. City of Indianapolis, the Indiana Court of Appeals held that the City of Indianapolis was not liable to the owners of a residence who sustained property damage and personal injury after sewage from a City pipe backed up into their home. In affirming the trial court's judgment in favor of the City, the court of appeals stated that a municipality is not strictly liable for injuries resulting from defects in the city's infrastructure, and is only liable when the city has actual or constructive… [read post]
28 Sep 2009, 5:41 am
In a recent not for publication memorandum decision* by the Indiana Court of Appeals, the court reversed the granting of a motion for summary judgment in favor of the Indiana Department of Transportation ("INDOT"), finding that INDOT owed a duty of care to a father and son who were subcontracted to complete some paving work for INDOT. Lorraine Bunn, as Personal Representative of the Estate of Robert P. Bunn, Deceased, and Robert L. Bunn vs. Indiana Department of Transportation, No. 50A03-0810-CV-504… [read post]
2 Nov 2010, 2:30 pm by Aaref Hilaly
It is my great pleasure to welcome Matt Nelson to the E-Discovery 2.0 writing team. Matt is our third licensed attorney and, like Dean Gonsowski and Brandon D’Agostino, will be writing on the legal aspects of electronic discovery. In doing so, he will draw upon his prior experience as a litigation attorney at Ropers, Majeski, Kohn & Bentley, and as a legal technology consultant at Kroll and Summation. He’s a really bright guy with a wry sense of humor, and I’m looking forward to hearing his… [read post]
1 Aug 2012, 4:58 pm by John Tarley
"Tree law" fascinates us. I guess part of the reason is because many of us have at lease one tree on our property, and during severe storms, we fear what would happen if one of those trees fell on our house, our neighbor's house, or the street. Once the fear subsides, the next question we ask ourselves is "Who would pay if the tree fell on our neighbor's property or vice versa and caused damage?" Furthermore, in our day-to-day life, our neighbor's tree may overhang our property or its roots may… [read post]
16 Mar 2012, 9:28 am by admin
Under the Communications Act of 1934 (47 U.S.C. § 605), it is illegal to publicize or use communications, such as pay-per-view cable television broadcasts, without authority to do so. A similar statute, The Cable & Television Consumer Protection and Competition Act of 1992 (47 U.S.C. § 553) provides that “[n]o person shall intercept or receive [...] [read post]
1 Nov 2011, 12:54 pm
In Flores, plaintiff sought to exclude a photograph of plaintiff's car that showed little or no damage to the vehicle. The Indiana Court of Appeals agreed with the trial court's finding that the damage, or lack thereof, to plaintiff's "vehicle had some tendency to prove or disprove facts relating to his personal injury claims," recognizing "the common sense relationship between property damage and personal injury." (There was no expert testimony presented to suggest that no such tendency existed in… [read post]
1 Mar 2010, 3:48 am by Mark Toth
It’s time for Manpower’s one-of-a-kind Quarterly Employment Litigation Index. Each quarter, we reach out to our loyal Blawg visitors to see what they’re experiencing in the world of employment litigation. We asked the 1,987 attendees at our webinar last week the following question: Are you seeing an increase in employment law claims? Here are the official results: Yes, substantial increase: 6.1% Yes, modest increase: 24.7% No change: 66.5% No, modest decrease: 1.5% No, substantial… [read post]
9 Jul 2013, 2:00 am by thehealthlawfirm
By Lance O. Leider, J.D., The Health Law Firm Citizens of the state of Florida enjoy broad access to the public records created by state agencies.  Those records range from information on state contracts to certain police records to information … Continue reading → [read post]
29 Aug 2013, 11:25 pm by legalinformatics
Research on U.S. patent litigation trends by the intellectual property litigation analytics firm LexMachina was recently cited by the U.S. Government Accountability Office as one basis for its recommendation that the U.S. Patent and Trademark Office (PTO) “examin[e] trends in patent infringement litigation and consider linking this information to internal patent examination data to improve patent quality and examination. PTO commented on a draft of this report and agreed with key findings and… [read post]