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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 […]
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 […]
When faced with a difficult situation like this, there are two legal paths that you can follow. First, you can bring an individual lawsuit against your business partner seeking monetary damages for misappropriated funds. Second, depending on a number of factors, you may be able to force the corporation to bring the lawsuit against your […]
Like any other aspect of commerce, business lawsuits are bound by the adage “it takes money to make money.” Even though you’ve already lost money you’re owed, you still have to pay an attorney to recover what you were owed in the first place. Fortunately, North Carolina has two laws that allow you to recover […]
Unfortunately, the answer is probably yes. The standard for determining whether another state’s court system can have jurisdiction over you is whether you have minimum contact with the state in which you’re being sued (the forum state). If the court determines your contact with the forum state is so minimal that it would be unfair […]
