A joint bank account can be an effective estate planning tool, particularly for individuals hoping that their heirs can avoid the probate process. Nonetheless, caution is warranted. Costly and traumatic family disputes can arise over the use – and abuse – of accounts held jointly between two or more family members, especially when one member […]
Archive | Fiduciary Litigation
Fraud Claims Against a Business Partner, Employee, or Fiduciary
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 […]
Miller Monroe & Plyler Obtains Judgment Against Jason Young – $28 Million
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 […]
The Earlier The Mediation, The Better
The rules implementing statewide mediated settlement conferences in North Carolina generally require litigants to attend a pre-trial mediated settlement conference and typically a case management order establishes a deadline for completion of the conference. Parties are free to decide how close to the deadline (or early) that the conference will be scheduled. There is a […]
MEDIATION BEFORE LITIGATION?
The landscape in civil litigation was changed forever when the mediated settlement conference became a mandatory part of civil superior court cases in North Carolina. Most lawyers share the sentiment that the change was for the better, although not all of them thought it would turn out that way. Given the cost to appropriately litigate […]
In case you missed it: Quick facts on enforcing your civil judgment
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 […]
Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina
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 […]
Jason Miller and Jeff Monroe Named to 2017 Legal Elite List.
Miller Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2017 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively. This marks the fifth consecutive year that Mr. Miller and second consecutive year that Mr. Monroe has been […]
Jason Miller and Jeff Monroe named to 2016 Legal Elite list.
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. […]
The Life Cycle of a Lawsuit – Blog 1 of 3 – Filing Suit
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 […]