Chapter 75 claims have rarely fared well in the Business Court, though there is not much doubt about why they are included in almost every Complaint in the Court. The prospect of treble damages (per G.S. §75-16) and attorneys’ fees (per G.S. § 75-16.1) is too tempting for many to pass up.
January 2014
Never Give Up? Never Surrender? Probably Bad Advice In The Business Court
By Mack Sperling on
Posted in Professional Responsibility
Section 6-21.5 of the North Carolina General Statutes is the closest thing the State has to "loser pays." It allows for the award of attorneys’ fees to a prevailing party "if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing…
Don’t Rely On Your Expert’s Speculation To Save You From Summary Judgment
By Mack Sperling on
Posted in Professional Responsibility
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, 2014 NCBC 1. He rejected the evidentiary value of an expert’s report stating that Plaintiff’s damages were $33 million, saying that it was insufficient to create a…