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No lender would provide funding to a business on the cusp of bankruptcy, but sometimes that’s exactly where lenders find themselves when a debtor lies about its financial condition in order to procure a loan. What may be surprising is that a lender may have no recourse against the bankrupt debtor if it does not […]
What is Eminent Domain? Eminent Domain refers to the legal process by which the government uses its power to take private property for public use, such as the construction of roads, highways, schools, parks, or municipal buildings. Federal, state, and local governments are all vested with eminent domain power. (more…)
If you’re an industrial or construction worker, you know that you must work carefully in order to stay safe and keep your co-workers safe. But you may not be prepared for the time when someone else’s mistake jeopardizes your safety and causes you to be injured. When it comes to on-the-job injuries, it’s critical […]
William Plyler of Miller Monroe & Plyler in Raleigh reached an agreement to resolve a class action dispute with Dell. The lawsuit was filed in April 2003 and took more than 15 years to resolve. Essentially, Plyler brought an action seeking to force Dell to refund amounts that it had illegally collected for sales taxes on […]
The purpose of setting up a business entity is to protect yourself – as a founder, officer, director, or shareholder – from personal liability for your business’ debts and legal obligations. The law recognizes a corporation as a separate legal “person” for liability purposes. This means that if a third-party obtains a judgment against your […]
If you have ever negotiated a real estate or commercial contract, you’re likely familiar with the term “liquidated damages.” Liquidated damages are, in short, a sum that a party agrees to pay in the event he breaches a contract. Stated differently, the parties can agree up front how much the breaching party will owe the […]
The rules implementing statewide mediated settlement conferences in North Carolina generally require litigants to attend a pre-trial mediated settlement conference and typically a case management order establishes a deadline for completion of the conference. Parties are free to decide how close to the deadline (or early) that the conference will be scheduled. There is a […]
Our firm routinely handles claims by contractors, lenders, and property owners involving construction defects, delays, and contract disputes. Many times, parties to a construction loan or development agreement modify the terms of the original agreement. The terms of these modifications—and how they affect the parties’ obligations—are often disputed. A recent opinion from the North Carolina […]
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 […]
What to Expect in North Carolina Foreclosure Proceedings Whether you are a homeowner or a judgment creditor with a lien on real property, understanding the foreclosure process is critical, as it affects your rights as either a debtor or a creditor. North Carolina is a “power of sale” state, meaning that foreclosure proceedings are ultimately […]
