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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 […]
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 […]
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 […]
In January, we discussed the judgment execution process. In light of positive feedback, we wanted to follow that post by addressing a related, and equally intimidating process: domesticating a foreign judgment. That is, if you are an out-of-state judgment creditor with a judgment against a North Carolina resident or corporation, how do you enforce your […]
Clients are naturally curious as to whether they can recoup their attorneys’ fees if they prevail in litigation. The short (and disappointing) answer is: typically not. Under the antiquated (and arguably more logical) “English Rule,” the losing party was forced to pay both its own attorneys’ fees and the prevailing party’s. Unfortunately for successful litigants, […]
Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively. This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]
In June 2015, Jason A. Miller, partner with Miller & Monroe, was admitted to practice law in his native State of New York. Business clients and investors will now be able to rely on the same predictable quality service and expertise of Miller & Monroe when doing business in the Empire State. If you do […]
Miller & Monroe is pleased to announce that partner Jason A. Miller was selected to the 2015 Legal Elite list by Business North Carolina magazine in both the Litigation and Young Guns categories. This marks the third consecutive year that Mr. Miller has been honored by Business North Carolina magazine. Business North Carolina magazine honors […]
Although every case is different, most lawsuits follow the same general pattern. This blog will help you to understand the general life cycle of a lawsuit. Let’s start with a quick overview. All suits begin with an initial complaint and answer, followed by hearings on any preliminary motions (i.e. Motions to Dismiss). The next step […]
