August 10, 2023, will mark the first anniversary that the Camp Lejeune Justice Act of 2022 ("Justice Act") became law. The Justice Act allows Marines, their family members, and any civilians who were poisoned by the toxic...more
The Quincecare duty has become a popular tool for companies (or their liquidators) to claim against banks for funds misappropriated on wrongful payment instructions. It requires a bank to refrain from executing a payment...more
Generally, the thought of a car accident brings to mind a victim and an at-fault driver. The at-fault driver, however, may not be the only cause of the accident. Instead, the actions and inactions of other third parties,...more
Off-Highway Vehicles ("OHVs"), specifically All-Terrain Vehicles ("ATVs") and Utility Terrain Vehicles ("UTVs"), are prevalent throughout North Carolina. These vehicles come in an array of styles and can differ in their...more
Punitive damages are awarded against an employer in favour of an employee only if the employer engaged in wrongful acts that are outrageous, reprehensible, and offensive to ordinary standards of decent conduct in the...more
Strict products liability cases have been the subject of much fluctuation in the Pennsylvania courts over the last few years. Utilizing hope created by the courts in recent strict liability cases, defendants have tried to...more
North Carolina's population continues to grow, and that means more highways and other roads being built for our increasing population. Also, existing roadways often need maintenance or rehabilitation. This work often is...more
Claimant is an Australian joint venture between Chile’s Antofagasta plc and Canada’s Barrick Gold Corporation. In 2006, Claimant became a party to a joint venture agreement between it and the Government of Balochistan with...more
North Carolina adheres to the common law doctrine of contributory negligence. The rule, which has been jettisoned by 46 states in favor of some form of comparative fault, bars recovery by a negligent plaintiff, even if a...more
Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more
In addition to our petition tracker for PDRs already granted by the Supreme Court, we also keep an eye on interesting petitions pending before the Court. Below are recently filed petitions that, among other things, ask the...more
Everyday individuals unfortunately are injured across North Carolina in all sorts of different ways—from car wrecks, to "slip/trip and falls," to other accidents. And, sadly, these injuries sometimes involve children or...more
Real Property Update - Foreclosure / Standing: bank cannot rely solely on its acquisition of prior lenderto prove standing where note was specially indorsed to prior lender - Certo v. The Bank of New York Mellon, No....more
This is a great time of year in North Carolina. Friends, neighbors, and co-workers find time to get together for various holiday festivities—from holiday parties to New Year's celebrations. In addition to food, and maybe...more
Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more
Commercial trucking is essential to the North Carolina economy. According to one source, over 70% of all freight tonnage in the United States is moved on trucks, and there are 3.6 million heavy-duty commercial trucks on the...more
The Holding - In Robert W. Baird & Co. Inc., v. The Honorable Christopher Whitten, 2017 WL 4296583 (Ariz. App. Sep. 28, 2017) (774 Ariz. Adv. Rep.4), the Arizona Court of Appeals just held that a legal malpractice...more
In the spring of 2014 I tried a case to a jury in one of the circuit courts in the Richmond, VA metropolitan area. I represented a truck driver and his corporate entity in a lawsuit that had been filed against him by a young...more
Gendron v Thompson Fuels et al provides a cautionary tale for homeowners hoping to "handle things on [their] own". In this case, the plaintiff-homeowner attempted to clean up a domestic fuel oil spill with Tupperware...more
It's an unfortunate fact, but every day individuals are injured across our state in all sorts of different ways. When an accident happens, victims or their families often wonder what their rights are: Is someone legally...more
It's an unfortunate fact, but each year over 100,000 people are injured in automobile accidents in North Carolina, and statistics suggest that nearly every driver will be involved in at least one automobile accident during...more
In Heneghan v Manchester Dry Docks Ltd & Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like...more
Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more
On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more
Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent....more