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Reciprocal Attorneys’ Fees Provisions in Business Contracts We have previously discussed the scenarios in which prevailing parties in litigation can – and cannot – recoup their attorneys’ fees. Unfortunately, the law is not particularly generous in allowing parties to recover their fees and costs. Because there is one aspect of the relevant law that continually […]
Issues surrounding the execution and validity of powers of attorney can dramatically impact litigation, especially when a party is adjudicated incompetent. When this happens, questions about the validity of the document inevitably arise, and occasionally the motives of the agent acting on behalf of an incapacitated party come into question. It doesn’t help that the […]
Miller Monroe Holton & Plyler PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2018 Legal Elite list by Business North Carolina magazine. This marks the sixth consecutive year that Mr. Miller and the third consecutive year that Mr. Monroe have been honored by Business North […]
A guest post by Christopher S. Morden, Monroe Wallace Law Group Thank you to the attorneys and staff of Miller Monroe Holton & Plyler PLLC for the opportunity to submit a guest post on their legal blog. This post addresses the common questions: what is a Power of Attorney and why is it important? A […]
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 Holton & 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 […]
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 […]
