Archive | Contract Disputes

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ICYMI: Case Update on Non-Compete Agreements

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 […]

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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 […]

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 […]

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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 […]

My business partner is misappropriating funds from our business. What can I do?

When faced with a difficult situation like this, there are two legal paths that you can follow.  First, you can bring an individual lawsuit against your business partner seeking monetary damages for misappropriated funds.  Second, depending on a number of factors, you may be able to force the corporation to bring the lawsuit against your […]