Author Archive | Alexandra Davis

Understanding liability basics: A handbook of negligence claims, defenses, and burdens of proof.

As though navigating the healing and treatment process post-injury is not sufficiently overwhelming, understanding the legal realities affecting your right to recovery can seem impossible.  A skilled attorney can apply the law to the facts of your particular case.  However, even a basic understanding of negligence law can allow you to feel less “in the […]

Understanding the Attorney-Client Privilege

According to the conventional wisdom, any statement made to an attorney is protected from all forms of disclosure.  However, this is not the case.  The so-called attorney-client privilege applies in a fairly narrow set of circumstances.  Knowing what the attorney-client privilege does and does not encompass is critical to success in litigation, as the decision […]

Case Law Update: Negligence Claims in the Medical Context

The North Carolina Court of Appeals recently issued an opinion that draws a notable distinction between medical malpractice claims and traditional negligence actions.  The distinction is noteworthy in part because of the heightened pleading standards required for medical malpractice actions.  Rule 9(j) of the North Carolina Rules of Civil Procedure requires that medical malpractice claims […]

Community Spotlight: Note in the Pocket

As lawyers, our natural instinct is to solve problems.  Resolve disputes.  Find what is broken in the law and society and drive positive change.  We identify needs, and we address them.  In a powerful way, the driving forces behind the Raleigh nonprofit Note in the Pocket are doing all of this and more.  The need […]

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Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina

In January, we discussed the judgment execution process.  In light of positive feedback, we wanted to follow that post by addressing a related, and equally intimidating process: domesticating a foreign judgment.  That is, if you are an out-of-state judgment creditor with a judgment against a North Carolina resident or corporation, how do you enforce your […]

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Can a Prevailing Party Recover Its Attorneys’ Fees?

Clients are naturally curious as to whether they can recoup their attorneys’ fees if they prevail in litigation.  The short (and disappointing) answer is: typically not.  Under the antiquated (and arguably more logical) “English Rule,” the losing party was forced to pay both its own attorneys’ fees and the prevailing party’s.  Unfortunately for successful litigants, […]

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Case Update on Non-Compete Agreements and the Blue Pencil Rule

Restrictive covenants are a set of tools that employers sometimes utilize to prevent employees from competing with them after termination of their employment.   One of the most common restrictive covenants used by an employer is a “non-compete clause.”   An evaluation of the enforceability of a non-complete clause necessarily involves a balancing of interests.   On the […]

Enforcing a Judgment in North Carolina

Enforcing a Judgment in North Carolina Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected.  The often disappointing reality, particularly in commercial litigation, is that […]