Stephen Feldman

Stephen Feldman

Ellis & Winters LLP

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Warning from the U.S. Supreme Court: In Contracts, Preselect Your Forum Carefully

When litigation actually ensues, however, a party might regret agreeing to the forum in the clause. Imagine if that litigant files suit in a different forum. Can the other party enforce the clause and move the case to the...more

7/9/2014 - Atlantic Marine Contract Drafting Forum Selection Clause SCOTUS

Does the Economic-Loss Rule Bar Claims Under Section 75-1.1?

The economic-loss rule says that a contract dispute generally does not state a tort claim. The concern is that if a plaintiff could recover tort damages, that outcome would disregard the expectations reflected in the parties’...more

6/25/2014 - Contract Disputes Economic Loss Doctrine

Two N.C. Supreme Court Rulings in the Neighborhood

Today, the North Carolina Supreme Court issued opinions and rulings on petitions. Readers of this blog will find at least one of the opinions and one of the petition rulings interesting....more

6/13/2014 - Appeals Borrowers Exceptional Case Federal Arbitration Act Fiduciary Duty Lenders Payday Loans UCC

Can a Settlement Offer by an Insurer Lead to Treble Damages?

Under North Carolina law, insurers may not engage in certain prohibited practices. Chapter 58 of the North Carolina General Statutes enumerates these practices....more

6/11/2014 - Auto Insurance Damages Settlement Treble Damages

The Bumpers Decision

Last fall, the North Carolina Supreme Court issued a major decision, Bumpers v. Community Bank of Northern Virginia, 747 S.E.2d 220 (N.C. 2013), that helps to define the elements of a claim under section 75-1.1. The court...more

5/29/2014 - Banks Community Banks Misrepresentation

Clear Writing Through Purposeful Sentences

Clear writing makes winning more likely. Why? Consider our courts’ workloads. A federal district court judge, on average, annually handles over five hundred filings. The federal appellate courts annually...more

4/16/2014 - Appellate Briefs Legal Writing Young Lawyers

Can Remainder Beneficiaries of a Revocable Trust Sue for a Breach of Fiduciary Duty That Occurred During the Settlor’s Lifetime?

Imagine the following scenario: The trustee of a revocable trust dissipates a substantial amount of trust assets to buy men’s basketball season tickets at the Dean E. Smith Center. The settlor does not follow college...more

4/10/2014 - Breach of Duty Remainder Beneficiaries Revocable Trusts

When Less Is More: Drafting Enforceable Arbitration Provisions

When drafting contracts, can specificity ever not be a virtue? When a contract leaves material terms open, after all, the contract might be void for indefiniteness. E.g., Boyce v. McMahan, 285 N.C. 730, 734, 208 S.E.2d 692,...more

2/19/2014 - AAA Arbitration Agreements Arbitrators Contract Drafting FAA

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