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