Archive | Construction Law

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MEDIATION BEFORE LITIGATION?

The landscape in civil litigation was changed forever when the mediated settlement conference became a mandatory part of civil superior court cases in North Carolina.  Most lawyers share the sentiment that the change was for the better, although not all of them thought it would turn out that way.  Given the cost to appropriately litigate […]

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In case you missed it: Quick facts on enforcing your civil judgment

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 a judgment is sometimes only the […]

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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, […]

Jason Miller and Jeff Monroe named to 2016 Legal Elite list.

Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively.  This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]

Miller Admitted To Practice Law in State of New York

In June 2015, Jason A. Miller, partner with Miller & Monroe, was admitted to practice law in his native State of New York.  Business clients and investors will now be able to rely on the same predictable quality service and expertise of Miller & Monroe when doing business in the Empire State.  If you do […]

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Jason A. Miller named to 2015 Legal Elite list.

Miller & Monroe is pleased to announce that partner Jason A. Miller was selected to the 2015 Legal Elite list by Business North Carolina magazine in both the Litigation and Young Guns categories.  This marks the third consecutive year that Mr. Miller has been honored by Business North Carolina magazine. Business North Carolina magazine honors […]

The Life Cycle of a Lawsuit – Blog 1 of 3 – Filing Suit

Although every case is different, most lawsuits follow the same general pattern.   This blog will help you to understand the general life cycle of a lawsuit.  Let’s start with a quick overview.  All suits begin with an initial complaint and answer, followed by hearings on any preliminary motions (i.e. Motions to Dismiss).   The next step […]

I’m thinking about filing a lawsuit to collect money owed to my business. What does the process involve? How long will it take?

Although every case is different, most follow the same general pattern. They all begin with initial filings, which are usually followed by the discovery process. There will likely be hearings on various motions at some point. Most suits will be ordered to mediation to see if they can be settled before trial. If settlement is […]

I won a judgment at trial. Now what?

I won a case against someone who owes me money. How do I go about collecting what the court said I am owed? Unfortunately, the easiest part about taking someone to court is sometimes prevailing at the hearing or trial, and the actual collection of the money owed can be the most complicated. While it […]