April 2012
Deja Vu All Over Again (And Again) In Junk Fax Class Action Case
By Mack Sperling on
Posted in Class Actions
It’s about junk faxes and class certification again (and even again) in the Business Court. Wednesday’s decision in Blitz v. Agean, Inc., 2012 NCBC 20 marks the third time the Court has refused to certify a class action under the Federal Telephone Consumer Protection Act. (The TCPA, 42 U.S.C. §227, prohibits the transmission of…
NC Court of Appeals Rules in Law Firms’ Fight Over Contingent Fees
By Mack Sperling on
Posted in Professional Responsibility
There’s invariably a fight between lawyers over the division of a fee when a lawyer who left the firm generates a fee at his new firm from a preexisting contingent fee relationship. There’s at least one case of that type in the Business Court (Mitchell, Brewer, Richards, Adams, Burge & Boughman, PLLC v. Brewer…