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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 […]
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 […]
At Miller Monroe & Plyler, we are fortunate to be conveniently located in the heart of one of the most rapidly growing and dynamic cities in the Southeast. Located just west of downtown, we have witnessed exciting developments, from watching the Hillsbourgh Street Target supplant the legendary “Alley,” to tracking long-term plans to install a […]
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 […]
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 […]
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 […]
If you are involved in personal injury litigation, it is important to understand the rights of your insurers to claim a portion of any settlement you recover. In North Carolina, privately-funded health insurance policies are barred from seeking reimbursement from a personal injury settlement. Said differently, private health insurers cannot seek reimbursement for payments made […]
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 […]
On April 6, 2018, the North Carolina Supreme Court, by unanimous decision written by Chief Justice Martin, reversed the N.C. Court of Appeals. (See addendum below for summary of Supreme Court opinion.) In City of Asheville v. Frost, (COA16-577, filed May 2, 2017), the North Carolina Court of Appeals wrestles with an ambiguous law […]
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 […]
