Archive | Litigation

eminent domain procedure NC

Eminent Domain Procedure in North Carolina

What is Eminent Domain? Eminent Domain refers to the legal process by which the government uses its power to take private property for public use, such as the construction of roads, highways, schools, parks, or municipal buildings. Federal, state, and local governments are all vested with eminent domain power. (more…)

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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 […]

construction site injuries

Case Law Update: Modifications to Loan Agreements

Our firm routinely handles claims by contractors, lenders, and property owners involving construction defects, delays, and contract disputes.  Many times,  parties to a construction loan or development agreement modify the terms of the original agreement.  The terms of these modifications—and how they affect the parties’ obligations—are often disputed. A recent opinion from the North Carolina […]

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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 […]

Attorneys Fees

Reciprocal Attorneys’ Fees Provisions in Business Contracts

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 […]