Archive | Litigation

Townhouse

Landlord-Tenant Basics Part II: Summary Ejectment

Clients often want to know what they can do to evict tenants from property that they own and lease for business or residential use.  Unfortunately, property owners will likely face an eviction at some point. Eviction actions are known as “summary ejectments.”  The law on summary ejectments is a bit different from other areas of […]

Townhouse

Landlord-Tenant Basics Part I: Security Deposit Disputes

The number one priority for landlords should be generating profit, not fighting with tenants.  As such, it is vital for residential and commercial landlords alike to know and comply with the laws governing their relationships with tenants so as to avoid unnecessary, and often costly, conflicts.  The security deposit, which is intended to protect landlords […]

Boardroom

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 […]

gavel

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 […]

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 […]

gavel

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

In City of Asheville v. Frost, (COA16-577, filed May 2, 2017), the North Carolina Court of Appeals wrestles with an ambiguous law passed by the General Assembly.  On its face, the law grants only one party (“the petitioner”) the right to demand a jury trial, while denying the opposing party (“the respondent”) that right.  The […]

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 […]

Counselor at law signage

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 […]

Animated doctor and patient

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 […]