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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 […]
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 […]
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 […]
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 […]
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 […]
I started a corporation with two friends. We all own one-third of the shares. Recently, I’ve come into conflict with my co-owners, and they have prevented me from a voice in running the business and have fired me as an employee. I’d like to be bought out, but they aren’t making a fair offer. Is […]
