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All too often, our commercial litigators sit down with a potential client to learn of allegations of fraud against a business partner, employee, or fiduciary. While an actual fraud claim is obvious in these instances, a constructive fraud claim can be much more powerful. A constructive fraud claim is based on the exploitation of a […]
When someone is injured due to the negligence of a private person or company, the injured person can file a lawsuit in state or federal court seeking monetary damages. However, when the negligent party is an employee of the State of North Carolina, such a lawsuit may not be possible. Due to the doctrine of […]
RALEIGH — November 8, 2019 — Miller Monroe & Plyler, PLLC is pleased to announce that Robert B. Rader, III joined the firm’s litigation practice. Rob is a graduate of North Carolina State University (B.A., Political Science) and the University of North Carolina at Chapel Hill School of Law. Rob’s primary areas of practice will […]
On November 3, 2006, Michelle Fisher Young, 29, was bludgeoned to death in her Cary home, where she lived with her husband, Jason Lynn Young, and their two-year-old daughter. Jason Young was charged with her murder. The medical examiner testified that Michelle was hit in her head and body at least 30 times with “a […]
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 […]
