Mack Sperling

Mack Sperling

Brooks Pierce

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Don't Rely On Your Expert's Speculation To Save You From Summary Judgment

Just because an expert says something is so doesn't mean that it is. That's the lesson of Judge Gale's ruling last week in Carter v. Clements Walker. He rejected the evidentiary value of an expert's report stating that...more

1/15/2014 - Expert Testimony Expert Witness Genuine Issue of Material Fact Patents Summary Judgment

Two Things To Avoid When Opposing A Motion For Summary Judgment

There aren't any great business law proclamations in Allran v. Branch Banking & Trust Corp., 2013 NCBC 41, decided late last week, but there a couple of procedural points that might help you avoid having summary judgment...more

8/6/2013 - Depositions Litigation Strategies Motion to Dismiss Summary Judgment

Be Ready To Prove Your Damages If You Want To Get To Trial

The lesson in the Business Court's first opinion of the year, Allen Smith Investment Properties, LLC v. Barbarry Properties, LLC, 2013 NCBC 1 is to be ready to present your calculation of damages at the summary judgment stage...more

1/8/2013 - Damages Dismissals Summary Judgment

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