Landscaping - Breach of K case update

Case Law Update: Breach of Contract

It is surprising how often clients seek advice for breach of contract claims but cannot articulate the scope of their agreement with the breaching party.  The North Carolina Court of Appeals recently issued an opinion that highlights just how problematic this can be. In Rider v. Hodges, two parties entered into an informal agreement for […]

Calculator - ERISA

How ERISA-funded health plans can affect your rights

If you are involved in personal injury litigation, it is important to understand the rights of your insurers to claim a portion of any settlement you recover. In North Carolina, privately-funded health insurance policies are barred from seeking reimbursement from a personal injury settlement.  Said differently, private health insurers cannot seek reimbursement for payments made […]

Money - FDCPA

Creditors: Don’t forget that debtors have rights.

Federal law creates a minefield for individuals and businesses attempting to collect debts.  The primary source that regulates creditor conduct is the Fair Debt Collection Practices Act (FDCPA), a federal statute that purports to protect consumers by forbidding abusive debt collection practices.  When construed in tandem with a creditor’s right to pursue collection of valid […]

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Two Statutory Construction Principles at Issue in N.C. Court of Appeals’ Decision

  On April 6, 2018, the North Carolina Supreme Court, by unanimous decision written by Chief Justice Martin, reversed the N.C. Court of Appeals. (See addendum below for summary of Supreme Court opinion.) In City of Asheville v. Frost, (COA16-577, filed May 2, 2017), the North Carolina Court of Appeals wrestles with an ambiguous law […]

Car crash

The Impact of Drunk Driving in Personal Injury and Wrongful Death Cases

DWI Cases – Unique Cases  Personal injury and wrongful death cases that involve drunk driving (driving while impaired) are a unique subcategory of personal injury/wrongful death cases.  Drunk drivers do not enjoy certain protections under the civil laws that law-abiding citizens enjoy.  For example, in the typical tort case, the victim may only recover compensatory […]

Car crash

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

Navigating the healing and treatment process after a personal injury is difficult enough, but 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 more comfortable […]

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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 […]

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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 […]

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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 […]